what can I do to make my friend leave my house

UPDATED: Sep 30, 2022

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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


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

Answered 5 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 And such permission may be withdrawn at any time for any reason. If it is withdrawn but the guest doesn't leave, they then become a trespasser in the eyes of the law.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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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