How to evict someone living in a house with owner permission?

If someone resides in a property with the owner’s permission, the process to make them leave depends on whether that person is legally considered a tenant, a licensee, or a guest.

Issue

Whether eviction proceedings are required to remove an occupant who initially had permission to stay in a home owned by another person.

Rule

Under California law, if an occupant has been given permission to live in a home — whether by paying rent or based on personal arrangement — their legal status determines the removal process:

Tenant: Someone who pays rent or has an oral/written rental agreement must be removed by a formal eviction (unlawful detainer) under Cal. Code Civ. Proc. §§ 1159–1179a. The landlord must first serve a proper notice, such as:
- A 30‑day notice to quit for month‑to‑month tenants of less than one year, or a 60‑day notice for tenancies over one year under Cal. Civ. Code § 1946.1.
- If rent is unpaid or other lease violations exist, a 3‑day notice to pay or quit or 3‑day notice to perform covenants or quit may be used.[1][2]
Licensee or Guest: If no rent is paid and there is only permission to occupy (for example, a friend or family member staying temporarily), the person may be considered a licensee. Once the permission is revoked, they become an unlawful occupant under Cal. Code Civ. Proc. § 1161(b). Many courts still require a 3‑day notice to quit and an unlawful detainer action; self‑help removal is illegal.[1]
Squatter (No Permission): If the person had no initial permission or entered unlawfully, the owner may proceed under a forcible detainer or trespass complaint instead of unlawful detainer, depending on whether the person ever had consent.

Application

If the occupant originally had the owner’s consent to stay, they are not trespassing. The owner must first revoke permission in writing — usually by serving a 30‑day notice to quit if no rent is paid, or a 3‑day notice to quit if permission has been immediately terminated. If the individual refuses to leave, the owner must file an unlawful detainer action in Superior Court. Law enforcement can remove the person only after the court issues a writ of possession following judgment.

Attempting to remove the individual by personal means (changing locks, shutting off utilities, or removing belongings) would constitute an illegal lockout under Cal. Civ. Code § 789.3.[1]

Conclusion

Yes. If someone is living in a house with the owner’s permission — even without a formal lease — the owner must follow lawful eviction procedures. Permission alone does not allow immediate removal. The proper approach is to provide notice (usually a 30‑day or 3‑day notice to quit depending on circumstances) and file an unlawful detainer if the person refuses to leave.

Practical Steps

Determine if the occupant is a tenant (pays rent) or licensee (no rent).
Serve the appropriate written notice under California law (3‑day, 30‑day, or 60‑day).[1][2]
If the occupant stays past the notice period, file an unlawful detainer complaint.
After judgment, arrange sheriff lockout through a writ of possession.