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The terms, tenant and, occupant aren't interchangeable when leasing property, as each has a different standing in a rental transaction.The lease agreement is between the landlord and tenant only. Occupants are authorized to reside in the property with the landlord's permission.
If you can prove that they paid you rent, you can evict them as tenants. You must do this with a notice to quit and then filing a complaint for summary Process. This requires a $135.00 filing and sheriff's fees to serve them (about $40.00)...
Any guest residing on the property for more than 14 days in a six-month period or spending more than 7 nights consecutively will be considered a tenant. Anyone living on the property must be listed and sign the lease agreement.
Send a 3-day notice to fix or quit. If the tenant doesn't follow through with a fix, visit your local courthouse and begin a filing for eviction. In some states, you can file to only evict the unauthorized tenant. In others, you'll have the option to evict your tenant as well as the unauthorized occupant.
In most cases, you will want to send a certified letter to the house guest asking them to leave in 30 days. Even though the guest is not formally a tenant, certain principles of landlord-tenant law may apply.
A guest who won't leave is technically a trespasser -- unless, that is, the police think he's a tenant. This situation can quickly become complicated. Houseguests who have overstayed their welcomes are technically trespassing, which is a crime.
There is no written agreement When your roommate has month-to-month tenancy, California state law says that you can evict them by serving 30 or 60 days' notice without any reasoning.