What rights does someone has who was occupying a property for 15 years have if the owner gets ill and the family wants the person to move out in an unreasonably short amount of time?

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What rights does someone has who was occupying a property for 15 years have if the owner gets ill and the family wants the person to move out in an unreasonably short amount of time?

The person was there with the owner’s permission. They have 3 boys and cannot afford to move in the time given. However, the deceased’s family is unwilling to extend time and threatens eviction.

Asked on April 23, 2018 under Real Estate Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

They don't have any rights. A guest--that is, someone who is not a rent-paying tenant but who was allowed to live in a place--has no right to continue living there. The guest may reside there only so long as the person(s) who own or have legal rights to the home allow them to do so, and that permission may be rescinded at any time. The fact that the guest has nowhere else to go is irrelevant: his or her situation does not give her rights to or over another's property, and the property's current owner(s) (e.g. the estate or the heirs) has no obligation to house them. Similarly, that they have children is irrelevant--providing a roof over the children's heads is not the obligation of the property owner(s); and it also does not matter how long he or she has been there, since, as stated, permission to be live there may be rescinded at any time. This person will have to get out: if he or she does not, a legal action may be brought (traditionally called an action "for ejectment") to remove him or her.  This action generally takes several weeks.


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