what can I do to make my friend leave my house

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what can I do to make my friend leave my house

I let a friend stay on my couch because he had no place to stay and now 3 months later he refuses to leave untill he is ready

Asked on January 5, 2017 under Real Estate Law, California

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Assuming that there was no mention of this friend paying rent (or any form of rent such as utiltiies, groceries, etc.), then he is not a tenant, rather he is a guest. Legally, a guest may only remain on the premises for as long as the property owner allows. And such permission may be withdrawn at any time for any reason. If it is withdrawn but the guest doesn't leave, they then become a trespasser in the eyes of the law. Accordingly, the police should help remove them. However, sometimes they refuse to get involved in these situations . In such cases, a court needs to order the guest to vacate. An action for "ejectment" (i.e. an eviction for non-tenants) will need to be filed. In the meantime, so not try any self-help eviction methods such as changing the locks, removing your guest's belongings, etc. Otherwise you may face a lawsuit yourself for illegal eviction, etc. At this point, you should consult with a local attorney. Or you can go google for self-help filings; CA provides a great deal of on-line information.


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