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  1. #1
    Join Date
    Apr 2017
    Posts
    1

    Default How to Evict Lodgers From Your Home

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

    A couple came to us for help. They wanted to rent a room for a few weeks or a month. We charged them only $300 a month and gave them full house privileges including use of the garage and pool. It's been nine months now. They don't obey the few house rules we have. We want them out. What are our rights for this couple who are lodgers in our home?

  2. #2
    Join Date
    Nov 2013
    Posts
    7,056

    Default Re: We Temporarily Rented a Room in Our Home to a Couple, Who Are Lodgers. How to Evi

    Your problem is that you don't have a single lodger. You have a couple.

    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. Under California law, most lodgers have the same rights as tenants. (Civil Code section 1940(a).)

    However, in the case of a "single lodger" in a house where there are no other lodgers, the owner can evict the lodger either under normal landlord-tenant unlawful detainer law, or alternatively, 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 (usually 30 days).

    The landlord does not have to give 60 days notice to a single lodger. (California Civil Code Section 1946.5.)

    Service of the notice is the same as for a tenant, per Code of Civil Procedure section 1162 or by certified mail.

    Once 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. A lodger 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 is guilty of an infraction and may be arrested for the offense by the owner. (Civil Code section 1946.5 and Penal Code section 602.3.)

    I surmise that you need to evict them per tenant-landlord law.

  3. #3
    Join Date
    Sep 2005
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    Behind a Desk
    Posts
    98,846

    Default Re: We Temporarily Rented a Room in Our Home to a Couple, Who Are Lodgers. How to Evi


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