Kicking a room mate out, can he sue? CA

[Scott R.]

My brother bought a house recently and he let his friend who was homeless move in because he got a job. The idiot quit the last 3 jobs in this economy! over stupid things! So no he still doesnt have a job and hasnt paid rent. Tere is no lease agreement. BUT WE LIVE IN CA! I cant seem to find it in the landlowrd tenant laws.

He lives in the house with the guy so i know you can discriminate ALOT more if you occupy the place yourself. But he's afraid that if he kicks him out that he can come back after him. Never heard of that if you live there yourself but can someone point me to a law that they know? He thinks he has to go to the sheriff and get a legal 30 day notice thing. go through the whole process to get rid of him. Thats what his "friend" told him who is a realtor. Anything anyone knows?

[Jon Holdman]

Is this guy living in an investment house that belongs to your brother or is he actually living with your brother?

If its just a "friend" you let move in for a while, no lease, no rent, no nothing, then I don't see how he could claim he's a tenant and be subject to landlord tenant laws. Someone like that might just get told "get out!" Someone in that position just might find all his stuff on the front lawn and new locks on the door if they didn't leave quickly and quietly.