Tenant Renting Room in House Won't Leave

**daytooner** · 09-09-2009, 04:31 PM

My question involves an eviction in the state of: CA (SF in particular).

I have a friend (OWNER) who rented out a room in his house to a guy (TENANT) more than a year and a half ago. About 6 months ago, OWNER told TENANT that he was terminating the lease, and TENANT needed to move out.

Since then, TENANT has not moved his possessions out, nor has he surrendered his key. He also has not paid any rent since then. TENANT is obviously not living there - he does not spend nights, receive mail, etc. In fact TENANT enters the home infrequently, for no real purpose.

I think OWNER should change the locks on the door, post a notice on the door stating something like: You no longer legally reside here. I am keeping your possessions as collateral until all back rent, along with any administrative and legal fees have been paid.

Mostly OWNER just wants the guy to stay away. He really doesn't understand the law, is afraid of it, and doesn't want to pay for a good lawyer.

So his (OWNER's) question is: can he legally change the locks? What can he do about TENANT's possessions, as well as security deposit?

I will send any responses on to him.

TIA

**aaron** · 09-09-2009, 05:03 PM

Read this.

If your friend is the owner of the home, lives in the home, and has no other tenants, he should be able to proceed against his tenant as a lodger.

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. 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.