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  1. #1
    Join Date
    Sep 2008
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    1

    Default Renting a Room: My Rights As Tenant

    My question involves a roommate in the State of: California.

    I'm renting a room in a house owned by another person who resides in the same house. The property is in Northern California. We drafted and signed a month to month lease that included a clause that requires 30 days notice to terminate the lease. We added a statement that allows immediate termination for irreconcilable differences but no statement as too how fast the place must be vacated.

    My roommate, the owner, is now saying that because I am living in a house renting a room that she is not constrained by any of the California Real Estate laws. She has more than once tried to evict me with a 24 hour notice, under the premise that, because she is the homeowner/occupant, she can do what she wants without legal constraint.

    My opinion is that she is bound by the 30 day termination requirement of the lease. Also, from my prior education in real estate law (real estate agent), she is bound by CA Real Estate Law and cannot expect vacancy in 24 hours. Similar to a 3 Day Notice to Quit.

    Can anyone advise here? Is there any difference between tenancy in an apartment and a room in a house? Does she have the right to evict immediately with legal expectation of immediate vacancy of the property?

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
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    75,480

    Default Re: Renting a Room: My Rights As Tenant

    Start here.
    Quote Quoting Single lodger in a private residence
    A lodger is a person who lives in a room in a house where the owner lives. The owner can enter all areas occupied by the lodger and has overall control of the house.8 Most lodgers have the same rights as tenants.

    However, in the case of a single lodger in a house where there are no other lodgers, the owner can evict the lodger without using formal eviction proceedings. The owner can give the lodger written notice that the lodger cannot continue to use the room. The amount of notice must be the same as the number of days between rent payments (for example, 30 days). (See "Tenant's notice to end a periodic tenancy".) When the owner has given the lodger proper notice and the time has expired, the lodger has no further right to remain in the owner's house and may be removed as a trespasser.

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