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  1. #1
    Join Date
    Jan 2011

    Default Evicting a Lodger Tenant Renting a Room in My Home

    My question involves an eviction in the state of: California.
    What are my rights to evict a tenant that is renting a room in my home? I have served him a 30 day notice as stipulated in the rental agreement, but he is threatening to make me evict him. I served him notice the same day I was having another renter move in as the new renter felt physically threatened (the first renter didn't want another roommate in the house, so this was his tactic)and moved out same day resulting in loss of income. Also, I have allowed this renter to store a decent amount of belongings in my garage, but was very clear from day one that it was a priviledge and favor to be paid off in trade (watching my dog when I travel). This has not happened, and he has been storing it in my garage for free. I have asked him to remove his belongings from my garage immediately, as it has not been part of the rental agreement from Day 1, and he knows this. He says it is his legal right to keep his belongings in my garage since I allowed him to store it there when he moved in. Can I have his belongings removed from my garage?

  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: Evicting a Lodger Tenant Renting a Room in My Home

    This is a home you own, and you have only the one lodger? If not, the procedures are outlined here. Otherwise,
    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. 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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