When it comes to property management in California, landlords often face challenges when trying to remove a licensee—a person granted temporary permission to use or occupy a property. Licensees are distinct from tenants and generally have fewer legal protections. However, the eviction process must still comply with California law to avoid legal pitfalls. This guide simplifies the rules and outlines the steps landlords can take to legally and efficiently remove a licensee.
Who Is a Licensee?
A licensee is someone who occupies a property with the owner’s permission but without forming a traditional landlord-tenant relationship. Common examples include:
- Live-in caregivers
- Guests or friends permitted to stay for an extended period
- Occupants who share the owner’s primary residence
Unlike tenants, licensees do not have exclusive possession of the property. The owner typically retains access and control over the premises. This distinction is crucial, as licensees generally do not have the same eviction protections as tenants under California law. (Civ. Code, §1946.5).
What Does California Law Say About Evicting Licensees?
- Notice Requirements:
Licensees often require less formal notice than tenants. If a licensee resides in the owner’s primary residence and shares living spaces (e.g., kitchen or bathroom), the owner can terminate the license with a 30-day written notice under Civil Code section 1946.5. For more severe breaches, such as failure to leave after termination of the license, a 3-day notice to quit may suffice. (Code of Civ. Proc., § 1161). - Legal Remedies:
If the licensee refuses to vacate after notice, the landlord may file an unlawful detainer action to regain possession of the property. (Code of Civ. Proc., §§ 1161, 1161a.) In extreme cases, the owner may consider an action for ejectment, though this is less common due to its longer timeline. - Trespassers or Unauthorized Occupants:
If a licensee occupies the property without permission or after the termination of their license, they may be treated as a trespasser. This allows the owner to seek removal through expedited legal processes.
Steps to Evict a Licensee
- Issue Written Notice:
Provide a clear and written notice to the licensee specifying the termination of their license and the deadline to vacate. This notice may vary based on the circumstances:- 30-day notice for shared living spaces. (Civ. Code, § 1946.5).
- 3-day notice to quit for breaches like nonpayment or unauthorized occupancy. (Code of Civ. Proc., § 1161).
- File an Unlawful Detainer Action:
If the licensee does not leave within the notice period, file a complaint for unlawful detainer in the appropriate California court. - Obtain a Court Order:
If the court finds in favor of the landlord, it will issue a writ of possession, enabling the sheriff to remove the licensee. - Enforce the Judgment:
The sheriff will execute the writ and remove the licensee if they still refuse to vacate.
California Case Examples
1. Roberts v. Casey (1939)
- The Story:
In this case, the owner of a rooming house in San Diego allowed renters to occupy apartments on a month-to-month basis. While some renters believed they were tenants, the owner retained keys to all units, provided cleaning services, and rented some rooms by the hour or day—characteristics akin to a hotel rather than an apartment complex. - The Conflict:
The renters stopped paying, but argued they were tenants and entitled to eviction protections requiring formal notice. The landlord argued they were mere licensees due to the retained control over the premises. - The Court’s Conclusion:
The court ruled in favor of the landlord, holding that the renters were licensees, not tenants. The landlord’s control over the premises and the nature of the agreements supported this finding. As a result, the renters could be removed without the same notice required for tenants. (Roberts v. Casey (1939) 36 Cal.App.2d Supp. 767.)
2. Taylor v. Nu Digital Marketing, Inc. (2016)
- The Story:
In this case, an individual occupied a residential property under a contract described as a “probationary installment agreement” to purchase the property. The occupant failed to make the required payments, prompting the owner to terminate the agreement and seek possession. - The Conflict:
The occupant argued they had tenancy rights, while the owner claimed they were a licensee due to the contingent nature of the agreement. - The Court’s Conclusion:
The court found that the individual was a licensee because their possession of the property depended on compliance with the agreement’s conditions. Upon breach, the license was revoked, and the owner was entitled to regain possession through an unlawful detainer action. (Taylor v. Nu Digital Marketing, Inc. (2016) 245 Cal.App.4th 283.)
Key Takeaways
- Always identify whether the occupant is a tenant or licensee, as this determines the notice and eviction process.
- Provide clear written notice in compliance with Civil Code section 1946.5 or Code of Civil Procedure section 1161.
- If unsure, consult an attorney to navigate the legal complexities and avoid potential disputes.
Disclaimer
This article is for informational purposes only and does not constitute legal advice. For specific guidance, consult a qualified attorney. If you’re in Kern County, consider contacting Jared R. Clemence of Coleman & Horowitt for landlord-tenant legal assistance.
Understanding how to properly remove a licensee ensures that landlords can protect their property rights without violating the law. By following these steps and learning from past cases, you can navigate the process efficiently and effectively.