live in calif. Here is the situation: my mother died in testate (no will), >and only asset is her house, which I am living in. I have rented 1 room out. >The estate has not been probated, and the house is still in my dead mothers >name. There is no lease between myself and the renter. Does this guy who is >renting a room from me, have any rights, if I ask him to leave tomorrow?
They have the same rights as any other rents. If you want them to leave you have to give them a 30 day notice if they pay you on a monthly basis. Failure to pay on monthly basis, then you can give them a 3 day notice to pay, or vacate.
Failure for them to pay, or vacate, and you have to goes through eviction proceedings, but do let them know their name is collected by 3rd party reporting agencies and sold as a person who was evicted so it will be harder for them to rent in the future.