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Is It Legal for a Room Renter to Change the Doorknob and Lock

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  • 12-25-2011, 01:53 PM
    SgtJackWagon
    Is It Legal for a Room Renter to Change the Doorknob and Lock
    My question involves an eviction in the state of: California

    I am currently renting a room in the townhouse that I own. This person I feel comes under the category of a "lodger" as defined by the California Department of Consumer Affairs and their website. I have two short questions.

    1. Is the Department of Consumer Affairs, the legal binding authority when it comes to beginning the eviction process against this "lodger or should I refer to California's Civil Code?

    2. Also, I have discovered that the "lodger" has removed the door knob and lock and replaced it with their own.
    Legal or illegal?

    Thanks and appreciate your help in this manner.


    SgtJackWagon
  • 12-26-2011, 10:45 AM
    Mr. Knowitall
    Re: Is It Legal for a Room Renter to Change the Doorknob and Lock
    If you want a binding legal authority, you look to the statute, not an interpretation of the statute. The DCA website does a good job of summarizing the law, with citations to the statutes.

    I cannot read your lease or rental agreement from here, so I don't know if you prohibited this person from changing the doorknob, but you would retain your rights as landlord to enter given proper notice and circumstances (FYI, that's not "whenever and for whatever reason you want") and to required that the premises be restored when the tenant moves out (or treat a refusal to restore the premises as damages).

    Quote:

    Quoting California Civil Code, Sec. 1946.5.
    (a) The hiring of a room by a lodger on a periodic basis within a dwelling unit occupied by the owner may be terminated by either party giving written notice to the other of his or her intention to terminate the hiring, at least as long before the expiration of the term of the hiring as specified in Section 1946. The notice shall be given in a manner prescribed in Section 1162 of the Code of Civil Procedure or by certified or registered mail, restricted delivery, to the other party, with a return receipt requested.

    (b) Upon expiration of the notice period provided in the notice of termination given pursuant to subdivision (a), any right of the lodger to remain in the dwelling unit or any part thereof is terminated by operation of law. The lodger's removal from the premises may thereafter be effected pursuant to the provisions of Section 602.3 of the Penal Code or other applicable provisions of law.

    (c) As used in this section, "lodger" means a person contracting with the owner of a dwelling unit for a room or room and board within the dwelling unit personally occupied by the owner, where the owner retains a right of access to all areas of the dwelling unit occupied by the lodger and has overall control of the dwelling unit.

    (d) This section applies only to owner-occupied dwellings where a single lodger resides. Nothing in this section shall be construed to determine or affect in any way the rights of persons residing as lodgers in an owner-occupied dwelling where more than one lodger resides.

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