Is there any way to evict a friend who overstayed their welcome without waiting 30 day?

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Is there any way to evict a friend who overstayed their welcome without waiting 30 day?

Asked on September 27, 2012 under Real Estate Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The good news, so to speak, is that if the friend is not paying you rent, he or she is a guest, not a tenant; a guest may be asked to leave at any time, without providing prior notice, since a guest may remain only so long as the homeowner or tenant (the person with the right to possession of the premises) allows him or her. The bad news, though, is that if the guest does not leave when you ask him or her to do so, you will need to file an ejectment action (basically, an eviction action for nontenants) to remove him or her, which will take several weeks or even a few months--there is no legal way to simply legally change the locks or put the guest's belongings out on the street, if he or she refuses to go.

 


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