Rental Basics in Antioch>Question Details

Pinkflloydr, Both Buyer and Seller in Antioch, CA

How long does someone need to stay with you before they can claim occupancy rights?

Asked by Pinkflloydr, Antioch, CA Tue Apr 5, 2011

I have a Friend that is down on his luck and needs a place to stay, but I'm not sure if i let him move in that he will move out. how long can i have him living with me before i can't kick him out anymore or have to give him a 30 day notice.

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BTW, I'm not an attorney but I've been a landlord for decades and have gained a little knowledge and experience in this area so I'm just passing along a little friendly information based on my personal experience as a property manager. If indeed you are in a lease/rental situation yourself. You may want to review your L/R agreement to see if there are any clauses regarding sub-letting or visitor length/term parameters you'd be dealing with. If not then you just may want to have your friend sign an agreement that he will leave when asked. Just a thought.
0 votes Thank Flag Link Tue Apr 12, 2011
Bob, good point.

Pink, First I think we need to address the question of ownership. Do you own your property? Or are you renting or leasing yourself and just want to offer a room to your friend? If you're in a lease/rental situation that Adverse Possession is a mute point.

But If you own your property and want to save yourself the added cost and burden of hiring an attorney you may just want to consider having your visitor sign a visitor agreement crafted by you. You could extrapolate from the following definition as it pertains to the Department of Real Estate definition of Adverse Possession.

Personally, I always try to avoid attorneys if at all possible. I'm not aware of one that will take on any type of case for less than a $1000 retainer. If nothing else try http://www.legalzoom.com for openers. Look for a lease/rental agreement with terms and conditions. Demand that your visitor sign it before you allow him/her to take possession and I think you'd be good to go.

Below are some link references and a brief summary for Adverse Possession. Good luck.

http://www.dre.ca.gov/pdf_docs/ref_book/ref06.pdf

http://:www.dre.ca.gov/pdf_docs/ref_book/ref06.pdf+what+is+adverse+… target="_blank" rel="nofollow">http://docs.google.com/viewer?a=v&q=cache:prE-_JgZXNEJ:w…

TRANSFER OF INTERESTS IN REAL PROPERTY 109

Adverse possession. The actual physical possession of property has always been accorded considerable weight in connection with a variety of rights and obligations. Immediately upon occupying property, an adverse possessor acquires a title to the property good against all the rest of the world except the state and the true owner. Such occupation may ripen into legal title by adverse possession if the possession is:
1. by actual occupation;
2. open and notorious;
3. hostile to the true owner’s title;
4. under claim of right or color of title;
5. continuous and uninterrupted for a period of five years; and
6. accompanied by payment of all real property taxes for a period of five years.

Since title by adverse possession cannot be traced from the county recorder’s office, it is neither marketable nor insurable until perfected by court decree. Title by adverse possession usually cannot be acquired against a public body.
0 votes Thank Flag Link Tue Apr 12, 2011
John,

I know it seems like a joke unfortunately adverse possession, the way I understand the law, protects the squatter from the moment they move in. (See an attorney for precise information.) It was a humorous way to get the point across but it wasn't a joke. :-)
Web Reference: http://bob2sell.com
0 votes Thank Flag Link Mon Apr 11, 2011
Bob...................cute.
0 votes Thank Flag Link Tue Apr 5, 2011
Pinkflloydr,

The moment they move in....
Web Reference: http://bob2sell.com
0 votes Thank Flag Link Tue Apr 5, 2011
Hi,

A carefully worded agreement should do. However, if this person has a history of negative behavior, I would find other ways to help.
0 votes Thank Flag Link Tue Apr 5, 2011
Rent the DVD "Pacific Heights". You'll never want to rent again.
0 votes Thank Flag Link Tue Apr 5, 2011
Pinkflloydr:

Completely agree with Johnny! You may want to set a given timeline to when he must leave upfront so it's not open ended as well.
0 votes Thank Flag Link Tue Apr 5, 2011
Steve has a great resource on this.

However, if it's a Friend...take care on the steps you tred. It can be great, or it can be ugly (emotional ties). Maybe he's understanding to your wants and will move when asked, who knows...but it's something that should be hashed out and set your house rules (especially if you have a spouse that opposes the situation).

Take care of your family first, then your friends IMO.
0 votes Thank Flag Link Tue Apr 5, 2011
Pinkflloydr:

Great question!

Please see page 4 of the following document referencing what constitutes a “lodger” as a start. Depending on how well you know this person; and more importantly, to make sure there are no misunderstandings in the future, you may want to have an agreement drawn up by a lawyer protecting your rights to require your friend to leave upon your verbal request. http://docs.Steven-Anthony.com/Landlord-TenantGuideCA2010.pdf

Best, Steve
0 votes Thank Flag Link Tue Apr 5, 2011
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