THE PROBLEM WITH LEGAL TERMINOLOGY AND THE GUEST THAT DOES NOT WANT TO LEAVE

The owner or person with the right to possess the property does not create a landlord‑tenant relationship with a licensee. The landlord‑tenant relationship is created by a contract between the parties, which may be oral or written, express or implied. Essentially, a licensee has the owner’s permission to be on the property, but this permission is a privilege, not a contractual right. A licensee is allowed to stay as a favor, not because of a legal contract.

Key Definitions:

• Invitee: A business visitor. (O’Keefe v. South End Rowing Club (1966) 64 Cal. 2d 729, 735–739)

• Licensee: A social guest or someone allowed to enter and stay by the owner’s permission; not a tenant.

• Trespasser: Someone on the property without consent. (Hamakawa v. Crescent Wharf & Warehouse Co. (1935) 4 Cal. 2d 499, 501–503)

• Guest (lodging context): A traveler who stays at an inn or tavern with the keeper’s consent. (Blacklaw)

Practical Issue: In an eviction, if you call someone a guest but want to convey the rights of a licensee, the distinction matters. Treating a licensee as a tenant triggers tenant protection laws, including possible relocation fees—for example, in Los Angeles City, relocation fees can be up to $10,650 or $22,450 for tenants under three years. (https://housing.lacity.gov/wp-content/uploads/2020/06/Relocation-Assistance-English-6.26.24.pdf)

Understanding the complexity of terms really help with eviction procedure and reduces viable defenses.