Discovering unauthorized occupants living in your rental property can be a perplexing and frustrating situation for any landlord. Perhaps a tenant has moved in a "friend" or "relative" without your knowledge or consent, or a former tenant's guest has simply overstayed their welcome. Regardless of how they arrived, unauthorized occupants pose significant risks: they can cause additional wear and tear, strain utilities, complicate insurance, and, most critically, undermine your control over your property. When faced with this scenario in Los Angeles, acting decisively and correctly to serve notice is essential. Our firm helps landlords navigate this delicate but firm process to protect their investments.

Identifying the Right Notice for Unauthorized Occupants

The type of notice you serve to remove unauthorized occupants largely depends on whether the original tenant is still residing in the unit.

If the original tenant is still living there and the unauthorized occupant is their guest or subtenant: Your primary action should be directed at your tenant for violating the lease agreement. Most leases contain clauses prohibiting unauthorized occupants or subletting without written consent. In this instance, you would typically serve a 3-Day Notice to Perform Covenant or Quit. This notice demands that the tenant remedy the lease violation (i.e., remove the unauthorized occupant) within three days or face eviction. If the tenant fails to remove the unauthorized person, you can then proceed with an unlawful detainer action against your tenant, which would also result in the removal of anyone occupying the premises through them.

If the original tenant has vacated, and an unauthorized occupant (e.g., a "holdover" guest or squatter) remains: This situation requires a different approach. You might need to serve a Notice to Quit to the unauthorized occupant directly, giving them a specific period (often 3 or 5 days, depending on the specifics and local ordinances) to vacate. This can be more complex, as you may need to prove they are not a legitimate tenant. For true "squatters" who have taken possession without any prior agreement, the legal process can lean more towards a quiet title action or ejectment, which falls outside the standard landlord-tenant eviction process.

Strategic Service and Legal Protection

Once you've identified the appropriate notice, strategic service becomes paramount. For a 3-Day Notice to Perform Covenant or Quit aimed at your tenant, standard service rules apply: personal service is ideal, followed by substituted service, then post and mail as a last resort. Ensure the notice clearly specifies the lease clause violated and the required action (removal of the unauthorized occupant).

For situations where you are serving notice directly to an unauthorized occupant after your tenant has left, identifying and properly naming the unknown occupants ("John Doe/Jane Doe and all other occupants") is crucial on the notice. Professional process servers are invaluable here, as they are adept at handling service on unnamed parties and provide irrefutable proof. Trying to handle this sensitive situation yourself can lead to missteps that delay removal and cost you more in the long run. By understanding the specific notice required and ensuring its flawless service, you establish a strong legal foundation for regaining full control of your property.