do house sitters have right to stay when asked to leave?

Asked by Roselyn Langley, Charlotte, NC Fri Jul 8, 2011

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John Arendsen, Agent, Leucadia, CA
Sat Jul 9, 2011
Roselyn, Could use a little feedback.
0 votes
Steven Ornel…, Agent, Fremont, CA
Sat Jul 9, 2011
Roselyn:

I have to agree that more information on your situation is needed; however, assuming this was a friendly "can you watch my place for a little while" scenario:

The person staying in the home may be considered a "lodger" and they have the same rights as tenants. However, in the case where there is only ONE lodger, I believe the owner can evict without formal proceedings.

Please reference page 4 of the following document as a start and make sure your situation matches the scenario before taking any steps. Seek legal assistance if you are not completely sure:
http://docs.Steven-Anthony.com/Landlord-TenantGuideCA2010.pdf

Best, Steve
0 votes
Dan Tabit, Agent, Issaquah, WA
Fri Jul 8, 2011
Roselyn,
You may need to consult an attorney if this gets sticky. Your first call should be to the police. You have someone staying in your house after you have asked them to leave. They may advise you that you need to start the eviction process or may be able to get the person to leave. This is a legal matter and while we deal with rentals in real estate issues, we are not attorneys.
I've attached a link to the California Landlord Tenant law you can review this and see how it may apply.
Best of luck.
0 votes
John Arendsen, Agent, Leucadia, CA
Fri Jul 8, 2011
This is starting to play out like a mean read from the answers thus far. Could you possibly elaborate a tad more? Having some more details i.e. signed contract, verbal agreement, did she show up with a moving van, does she have a roommate, etc.

Also, does she provide you with any viable service at this point i.e. personal services, house cleaning, pet sitting, yard maintenance, maid or butler service, etc. You've got me hanging on a cliff. This is a new one on me. If you don't mind sharing a few more details that would be great.
0 votes
Emily Knell, Agent, Huntington Beach, CA
Fri Jul 8, 2011
Do you have ANY TYPE of lease agreement with the house sitter that is signed by all parties?

I am not an attorney, it is my opinion however that you have every right to kick them out or call the police, if you don't have a written agreement for any type of tenancy with the house sitters.

EmilyKnell1@yahoo.com
562-430-3053 c
Realtor Since 1996
Main Street Realtors
0 votes
Anna M Brocco, Agent, Williston Park, NY
Fri Jul 8, 2011
The answer to the question depends upon the nature of the agreement, who made the agreement, who has the legal right to possession of the premises...
0 votes
Jonathan Shi…, Agent, Redlands, CA
Fri Jul 8, 2011
depending upon the contract written.

But after a point it becomes an issue of them being a squatter if they do not leave the property.

You can call the police if they do not leave and state they are trespassing, as they are not on lease, nor are they room mates, but rather an employee (If you are paying them).

If they still refuse to leave, then they are attempting to Squat on the property.

As stated from the website of the attorney Danata Schner:

"In the U.S., a five-point test is typically applied to determine whether the right of adverse possession will be granted. The possession must be:

actual--the property must be actually put to use or occupied, in a way similar to the way nearby property is used by its owners
open and notorious--the use must be public and visible, not secret
hostile--without the permission or approval of the current landowner, for instance, without renting or leasing the land
exclusive--use of the property not shared with anyone else, particularly the current property owner
continuous--used continuously for a certain period of time, which may be 10 years, 12 years, 20 years, or some other period as determined by local law"

I do hope this is a hypothetical situation and not a concern regarding a current ongoing issue.
Web Reference:  http://www.danataschner.com/
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