guest vs. tenants?

Question

I had (who I thought was) a friend spend one night at my place.Two days later, he came over for a visit.He would not leave.I finally called the cops.They said, because he had spent one night there, that there where some tenancy issues and (under the law) I would have to evict him.The cop did not tell him that and (THANK GOD!!!!) made him leave anyway.


How long does a guest have to stay at someones residents before, in order to make him leave, have to formally evict them?

Answer 1

residential landlord tenant law is frequently regulated by state statute. under common property law (old judge made law that governs when there's no statute), this is what's called a tenancy at will which can be terminated with reasonable notice. what's reasonable is an elastic concept but would generally consist of telling the person, giving the person time to gather their belongings and some time to find a place. this concept may also be promulgated in a statute with specific time limits.
once you meet this requirement, you need to abide by eviction laws of your state.
the question of 'how long' is a good one but I doubt there is a threshold bright line time limit in your state. it really depends on your agreement with the person. if you let them stay over for a few nights and do not represent that they can use it as a temporary residence or home, then it should NOT be a tenancy. if that's the case, the person is subject to civil and criminal trespass laws of your state and can be kicked out as soon as the authorities get there to escort him out.
so if the cop was implying that letting a guest stay over for a night turns him into a tenant, he's wrong.
what state do you live in? and i hope this is a question by someone living in the states, or at least England, since all this is derived from English common law anyway

Answer 2

Most of the States that I have heard of enforcing this law require 3 days of "residency" before needed to go through eviction proceedings. Much of this was brought on by couples living together and when they have an argument, they expect the police to intervene on their behalf and throw the other person out. Another policy adopted the same way is States now arresting at least one person in a Domestic Violence call. People wanted Law Enforcement to be referees in their fights but not press charges. This wasted time that the police could have been doing their jobs in other areas.

Answer 3

Squatting rights are the issue here. Squatters have the right to stay with only the slightest permission. If you rent by the month; they have two months before they can be legally evicted. Twice the rental period is the norm.

Answer 4

this isn't enforceable, because it at as quickly as violates state regulation. Any time somebody will pay lease to a house proprietor, that guy or woman is definitely a tenant, and landlord-tenant regulations observe. fortunately, it variety of feels you escaped with minimum harm, yet had he tried to kick you out at a 2nd's observe, etc. he would desire to not have enforced it. He nonetheless has to stick to the regulation, in spite of despite the fact that cockamamie "settlement" he thought he would desire to draft and enforce. in spite of your specific consent and signature, this settlement will not be surely worth the paper that's written on.

Answer 5

It is hard to believe that somebody who isn't paying rent would have tenancy rights.
On the other hand, who knows what kind of weird laws are in effect.