Legal Question in Landlord & Tenant Law in California

my older brother moved in with me one year ago, he was getting a divorce. It was suppose to be for only 3 months but now it has been one year. He does not pay any rent, he gives about 50 to 60 dollars a month for gas/electric. I've asked him to move twice but he did not, last night I wrote a letter and told him he needs to be moved out by July 31, 2010 - that gives him 30 days to find somewhere to leave. Does he have any kind of leg to stand on, can he refuse to move out legally? The house belongs to me and is only in my name.

Asked on 6/24/10, 10:53 am

2 Answers from Attorneys

A guest has no right to stay beyond their welcome. You can call the police to remove him at any time, really. If, as you have, you have been very reasonable, it just makes it easier for you to get the police to act.

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Answered on 6/24/10, 4:22 pm
David Gibbs The Gibbs Law Firm, APC

You have yourself a tenant, and as such, if he has lived there one year or more, you have to give him 60 days notice of termination of tenancy; then you can file an eviction lawsuit to remove him from the property. Because he contributed to the household expenses - even though it is so little - a court will almost certainly find that he is a tenant. The rules then require a 30 day notice if he has lived in the home for under one year, or if one year or longer, then you must give him 60 days notice.

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Answered on 6/24/10, 4:24 pm

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