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  1. #1
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    Default How Much Notice Do You Have to Give to a Roomate in a House You Own

    My question involves landlord-tenant law in the State of: California

    I have been leasing a room in my own house, along with a bathroom, for nearly 6 years now to the same roommate. I need her to be out to help my grandson settle in, so I gave her 30 days notice. She came back to me with some tenant laws stating I should be giving her 60 days instead.

    I was under the impression that since we both reside in my house, and share common areas like the kitchen and living room, that she was not actually a tenant but only a roommate (tenants take care of the place they are renting in general, and this person DOES NOT).

    Can somebody clarify this for me please? How long of a notice do I have to give her legally? Is there such a thing as a Roommate law?

    Thanks!

  2. #2
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    Default Re: Roommate = Tenant

    She's a tenant.

    No way around that.

    CA law makes no distinction between renting a room or the whole place.

    Since she's been there more than a year you have to give 60 days written notice.

    See 1946.1:

    http://www.leginfo.ca.gov/cgi-bin/di...le=1940-1954.1

    Or, you can consider cash for keys which means you pay her to move out early. Just make sure you get the agreement in writing and give her the money on the doorstep when all her stuff is out and she is handing you the keys. And get a signed receipt for the money.

  3. #3
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    Default Re: How Much Notice Do You Have to Give to a Roomate in a House You Own

    California has a "single lodger" law, summarized here:
    Quote Quoting [B
    Single lodger in a private residence[/B] 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.
    From what you have told us, this person qualifies as a single lodger.

    The statute governing single lodgers provides,
    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.
    On its face, that statute requires the thirty-day notice specified in Sec. 1946, not the sixty-day notice required by Sec. 1946.1. Sec. 602.3 of the Penal Code, which permits the removal of a single lodger without a formal order of eviction, provides,
    Quote Quoting California Penal Code, Sec 602.3
    (a) A lodger who is subject to Section 1946.5 of the Civil Code and who remains on the premises of an owner-occupied dwelling unit after receipt of a notice terminating the hiring, and expiration of the notice period, provided in Section 1946.5 of the Civil Code is guilty of an infraction and may, pursuant to Section 837, be arrested for the offense by the owner, or in the event the owner is represented by a court-appointed conservator, executor, or administrator, by the owner’s representative. Notwithstanding Section 853.5, the requirement of that section for release upon a written promise to appear shall not preclude an assisting peace officer from removing the person from the owner-occupied dwelling unit.

    (b) The removal of a lodger from a dwelling unit by the owner pursuant to subdivision (a) is not a forcible entry under the provisions of Section 1159 of the Code of Civil Procedure and shall not be a basis for civil liability under that section.

    (c) Chapter 5 (commencing with Section 1980) of Title 5 of Part 4 of Division 3 of the Civil Code applies to any personal property of the lodger which remains on the premises following the lodger’s removal from the premises pursuant to this section.

    (d) Nothing in this section shall be construed to limit the owner’s right to have a lodger removed under other provisions of law.

    (e) Except as provided in subdivision (b), nothing in this section shall be construed to limit or affect in any way any cause of action an owner or lodger may have for damages for any breach of the contract of the parties respecting the lodging.

    (f) 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.
    Under the normal rules of statutory construction, where a general statute and a specific statute apply to the same situation, the more specific statute is applied. It can thus be argued that the statutes quoted above allow for a single lodger to be removed on only thirty days written notice.

    But.... the single lodger law is rarely used, and almost never litigated, such that there are no cases holding that a thirty-day notice would be sufficient. Also, some police departments will refuse to assist with the removal of a single lodger unless the owner of the home gets an order of eviction, and if that's necessary you run the risk of a court that won't entertain your case without documentation of a sixty-day notice, or a judge who dismisses your case when he sees that you only gave a thirty day notice despite your arguments about how the statutes should be applied.

    A local real estate lawyer who handles evictions may be able to advise you about how the local police and courts treat single lodger cases, and the notice that they require; the department of the police agency responsible for removing tenants following eviction should be able to advise you on its policies. But absent a very clear indication that you will be able to have the lodger removed, or be able to proceed with an eviction, based upon your giving thirty days written notice, it's going to be safest for you to assume that you need to give a full sixty days.

    If you are able to learn something about local practices for your city or county, please share the information here.

  4. #4
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    Default Re: How Much Notice Do You Have to Give to a Roomate in a House You Own

    Thank you!!

  5. #5
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    Default Re: How Much Notice Do You Have to Give to a Roomate in a House You Own

    PS that law applies to a single owner/occupant and ONE lodger...do NOT invite confusion by allowing your grandson in
    Before the dust settles.....if you intend to rely upon that section......

  6. #6
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    Default Re: How Much Notice Do You Have to Give to a Roomate in a House You Own

    Quote Quoting Mr. Knowitall
    View Post
    California has a "single lodger" law, summarized here:

    From what you have told us, this person qualifies as a single lodger.

    The statute governing single lodgers provides,

    On its face, that statute requires the thirty-day notice specified in Sec. 1946, not the sixty-day notice required by Sec. 1946.1. Sec. 602.3 of the Penal Code, which permits the removal of a single lodger without a formal order of eviction, provides,
    I stand corrected.

    Quote Quoting Mr. Knowitall
    View Post
    It can thus be argued that the statutes quoted above allow for a single lodger to be removed on only thirty days written notice.

    But.... the single lodger law is rarely used, and almost never litigated, such that there are no cases holding that a thirty-day notice would be sufficient. Also, some police departments will refuse to assist with the removal of a single lodger unless the owner of the home gets an order of eviction, and if that's necessary you run the risk of a court that won't entertain your case without documentation of a sixty-day notice, or a judge who dismisses your case when he sees that you only gave a thirty day notice despite your arguments about how the statutes should be applied.
    Seems to me that the statutes would allow the owner to just put the lodger's belongings outside upon the expiration of the 30 days notice and then compel the lodger to leave.

  7. #7
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    Default Re: How Much Notice Do You Have to Give to a Roomate in a House You Own

    The beauty of the single lodger exception is that at the end of 30 days it is game over, RM is a trespasser.

    HOWEVER Id want a paid opinion as to my fact pattern from a CA lawyer skilled at eviction matters!
    CA is ultra tenant friendly from what I read...and I see some issues IF you lack full access to the full place ..and RM has a separate locked room and separate bath ....

  8. #8
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    Default Re: How Much Notice Do You Have to Give to a Roomate in a House You Own

    Quote Quoting adjusterjack
    View Post
    Seems to me that the statutes would allow the owner to just put the lodger's belongings outside upon the expiration of the 30 days notice and then compel the lodger to leave.
    The statute speaks of, "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" -- PC Sec. 602.3 involves removal by a police officer, and there's not really any guidance in the statute or case law defining "other applicable provisions of law", let alone any defining self-help eviction as an option. The statue could be more clear, both in terms of its notice provision and in terms of what the owner can do at the end of the notice period, but California's legislature has been slow to clarify statutes that are much more frequently in contention so I'm not holding my breath on their clarifying this one.

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