Legal rights in the state of California

What are the legal rights of my son’s girlfriend staying in our home, rent free, using our address for her mail here in California?

Asked on June 12, 2009 under Real Estate Law, California

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I'm not a California attorney, and there might be facts you haven't mentioned that might make a difference here. For advice you can rely on, please talk to a lawyer near you, and one place to look for counsel is our website, http://attorneypages.com

Assuming that you and your spouse are the only legal owners of the house, and on general principles that are true in most places, your son's girlfriend is an invited guest.  She is a guest only as long as you welcome her.  Once you let her know that she is no longer welcome, she becomes a trespasser.  And, at some point, I would think that you could get the police to come and walk her out the door if it came to that.

J.V., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

when a person resides in another person home, especially when they pay no rent and have no lease agreement they would not have any legal rights to said property. if she is claiming a right to such property I would not think she has any standing. if she does provide an issue you should contact a local attorney who can handle this matter for you. An attorney will help you if you need to get her out and ensure no further action taken

although she will have no rights she could cause a headache so an attorney may be able to alleviate those issues. good luck


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