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The Daily Insight

Is a family member considered a tenant?

Author

Emma Jordan

Published Mar 12, 2026

Are they a tenant or licensee? A family member or friend occupying your home may be considered a tenant regardless of whether a lease agreement was signed or there was a payment of rent. If the family member paid for things like utilities or food, the payments of these expenses can be considered rent money.

What to do if a guest refuses to leave?

If a lodger in California refuses to leave after 30 days, they can be kicked out without going through a court-ordered eviction process, because after the 30-day mark, they are officially trespassing. At this point, you could call the police.

Is eviction the same as abandonment?

How is tenant abandonment different from evictions? An eviction notice occurs when a tenant has violated the lease agreement – a tenant abandonment doesn’t necessarily mean there was a lease violation, but a tenant has left the property without giving notice to the landlord.

What is the difference between a tenant and an occupant?

A tenant is a person occupying or entitled to occupy your property because they entered a lease or rental agreement with you. On the other hand, an occupant is a person other than the tenant or the tenant’s immediate family, occupying the premises with the consent of the tenant.

What happens if someone refuses to leave an Airbnb?

If your guest is refusing to leave, contact Airbnb immediately. Depending on the circumstances, the police may need to get involved in order to remove them from your property. Know the tenant laws in your area to avoid a legal battle.

How long is an abandonment notice?

If you are unsure about claiming that a tenant has surrendered the property you can place an Abandonment Notice on the door of the property. This Notice needs to advise that the property has been deemed as abandoned and give a time – say five days – after which the locks will be changed if no contact is received.