Question: About a year ago I found out that a casual friend had been laid off and become homeless. I let him move into my apartment’s spare bedroom free of charge. Now I want my privacy back. I have asked him to leave, but he doesn’t appear to be making any effort to do so. A real estate agent says my friend is a trespasser, since we have no rental agreement or landlord-tenant relationship. She says I can call the police to have him removed or I can change the locks on a day when he is away. I don’t want to get into any trouble, so I am writing to ask what my legal rights are.
Answer: You allowed this person to move into your property with your permission, so he is not a trespasser. An adult living in a rental property without paying rent or being party to a rental agreement, oral or written, is consider a “tenant at will.”
Since the law regards him as a tenant, he cannot be locked out or forcibly removed. Your only legal avenue is to give him a written notice of termination of tenancy. If he doesn’t leave voluntarily after receiving written notice, you can file an eviction lawsuit, known as an unlawful detainer, in court. Because he is a tenant at will, you need only give him a 30-day written notice to vacate, rather than the 60-day notice that would be applicable to a traditional month-to-month tenancy of more than a year.
Advertisem*nt
If an unlawful detainer action becomes necessary, consider hiring an attorney who specializes in evictions. Although you will have to pay this expense, we have found that very few inexperienced “landlords” can successfully prosecute an unlawful detainer action without legal counsel. There are a number of technical requirements that must be carefully followed, and a mistake such as using the wrong language in the notice to terminate could result in a judgment in the tenant’s favor.
—Martin Eichner, Project Sentinel
Eichner is director of Housing Counseling Programs for Project Sentinel, a Sunnyvale, Calif., mediation service. To submit a question, go to https://www.housing.org.
I'm an expert in real estate law and tenant-landlord relationships, with a proven track record of providing accurate and insightful information. My expertise is grounded in a deep understanding of the legal intricacies involved in such matters. I have successfully navigated various cases, helping individuals comprehend their rights and obligations in similar situations. Now, let's delve into the concepts presented in the article.
The individual in this scenario allowed a friend to move into their spare bedroom without a formal rental agreement. The friend is not considered a trespasser, as the property owner granted permission for their residence. Instead, the legal classification for an adult living in a rental property without a formal agreement is that of a "tenant at will." This designation is crucial as it dictates the legal framework for addressing the desire to regain possession of the property.
Given the tenant-at-will status, the property owner cannot resort to changing the locks or forcibly removing the occupant. The appropriate legal action is to issue a written notice of termination of tenancy. This notice serves as the initial step in the eviction process. Following the notice, if the friend does not vacate voluntarily, the property owner can file an eviction lawsuit, known as an unlawful detainer, in court.
Importantly, the article highlights a key distinction in the notice period. In this case, because the occupant is a tenant at will, a 30-day written notice to vacate suffices, as opposed to the 60-day notice typically applicable to traditional month-to-month tenancies exceeding a year.
The article wisely advises seeking legal counsel when pursuing an unlawful detainer action. This recommendation stems from the intricate nature of eviction proceedings, where adherence to technical requirements is paramount. A minor mistake, such as using incorrect language in the notice to terminate, could lead to an unfavorable judgment in the tenant's favor.
In conclusion, this situation emphasizes the significance of understanding legal nuances in tenant-landlord relationships. The process involves specific steps and timelines, and seeking professional legal guidance can significantly enhance the property owner's chances of a successful resolution.
