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  1. #1
    Join Date
    Nov 2005
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    Los Angeles
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    15

    Default California Landlord Living in Primary Residence

    I live in and own my primary residence and have two other bedrooms which are rented out to two different people. They are both not paying rent and have been served lease termination notices and the 30-day mark is passed. Although I had them sign leases, I am now understanding they may not actually be tenants but lodgers. I have read that you don't have to go through a formal eviction process for a single lodger and you can remove that single lodger via trespassing through the police, but how about when you have two lodgers? How does the law view double lodgers, as tenants or lodgers?

    thx

  2. #2
    Join Date
    Sep 2005
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    Default Single Lodger Exception

    As you had two boarders, the single lodger exception won't apply. See California Civil Code Section 1946.5.

  3. #3
    Join Date
    Nov 2005
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    Default Lodgers

    Mr. Knowitall,

    I realize that it only applies to single lodgers, so how would this be treated?

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default California Eviction Law

    If no exception applies, it would be treated like any other eviction.

  5. #5
    Join Date
    Nov 2005
    Location
    Los Angeles
    Posts
    15

    Default lodgers

    aaron,

    thanks for the reply. why does the law state it this way. I'm trying to understand why it would apply for one lodger and not two....

    If one moves out, then I can use this exception for the other one (provided the first one moved out already?)

  6. #6
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    Sep 2005
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    98,846

    Default Single Lodger Exception

    Probably because the Legislature didn't want to create an exception that would extend to rooming houses, or other business ventures, as opposed to somebody simply taking in a single lodger (for whatever reason).

    I don't see anything in the law which would render it inapplicable becuase you formerly had more than one lodger.

  7. #7

    Default Re: California Landlord Living in Primary Residence

    Hi All,
    I'd like to dovetail off of the conversation with pioneerman. I too am in a situation where I am an owner/occupier of my primary residence. It has become necessary that I evict one of my two 'lodgers'. Did I inadvertently become a 'landlord' when I took in my second roommate which by the way, was months after the first person moved in. Unlike pioneerman, there was no lease signed for either person. So, after reading up on Civil Code Section 1945 what I understand is that I must now go through a formal eviction process. Am I opening myself up for potential litigation if all I did was write her a note telling her she had 30 days to move out? Secondly, what should I do to protect myself? What procedure do I need to go through to evict being that there is no lease agreement and lastly, what happens if she's not out after the 30days. What recourse then do I have? Thanks a bunch and I appreciate any sound advice. Regards.

  8. #8
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: California Landlord Living in Primary Residence

    Follow California's eviction laws. You can find instructions and many official forms here.

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