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  1. #1
    ptcigboi Guest

    Eviction of Lodger California

    What is the name of your state? California. I need some legal advice. I have a lodger who I am evicting. She is the only lodger in my home which I own. According to all the info i got on the CA website, it states that section 1946.5 of the civil code states that in my situation i only have to give her a 30 day written notice and then if she is still there after the 30days she can be arrested for trespassing under penal code 602.3. I called the Sherrif and court house and they both don't know what i am talking about and state i must file an unlawful detainer after the 30 days and go that route. However the info I find states there is no need becasue she is a single lodger in my home in which i live in. Can someone please tell me what I should do. The 30th day is coming up soon and I need to know how to pursue this. Thanks
  2. #2
    FarmerJ is offline Senior Member
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    first when you gave notice to her to vacate did you do so in writting with a method of delivery that proves you sent mail to her ? Normally when a tenant refuses to move after being given proper notice to vacate the LL ( you ) would have to go to the county courthouse in county wich the rental is in and file for unlawful detainer ( eviction court) then the tenant has to be properly served notice of the hearing and eventually it comes down to court . once in while a tenant gets really stubborn and will still not move until a sherriff comes to throw them out , but again that can only be done with a court order . If you need help to make sure you get it done right go see a local atty and have them assist you with the matter .
  3. #3
    HomeGuru is offline Senior Member
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    Re: Eviction of Lodger California

    Originally posted by ptcigboi
    What is the name of your state? California. I need some legal advice. I have a lodger who I am evicting. She is the only lodger in my home which I own. According to all the info i got on the CA website, it states that section 1946.5 of the civil code states that in my situation i only have to give her a 30 day written notice and then if she is still there after the 30days she can be arrested for trespassing under penal code 602.3. I called the Sherrif and court house and they both don't know what i am talking about and state i must file an unlawful detainer after the 30 days and go that route. However the info I find states there is no need becasue she is a single lodger in my home in which i live in. Can someone please tell me what I should do. The 30th day is coming up soon and I need to know how to pursue this. Thanks
    **A: you must give written notice and then if she does not move out you must go to court and file a UD action. The sheriff and courthouse gave you the correct info. Unless there is a court order for eviction served upon the tenant, the tenant is not deemed to be trespassing.
  4. #4
    Joseph_free is offline Member
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    Guys,
    I am in the same situation. And you should not have to go file a UD.

    I would show the sherrif the civil code. Have they stayed over a year?
  5. #5
    CA. LL Guest
    Is she renting week to week or month to month?

    Writer seek local legal counsel immediately for a rights analysis, to review your documents, and to discuss issues.

    It appears you're on the right track!
    Last edited by CA. LL; 02-01-2004 at 09:13 AM.
  6. #6
    HomeGuru is offline Senior Member
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    Originally posted by Joseph_free
    Guys,
    I am in the same situation. And you should not have to go file a UD.

    I would show the sherrif the civil code. Have they stayed over a year?
    **A: please refrain from giving incorrect advice.
  7. #7
    Joseph_free is offline Member
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    Originally posted by HomeGuru
    **A: please refrain from giving incorrect advice.
    HGuru, I appologize if I have given incorrect advice.
    Well let me state my answer another way. According to CA Civil code :

    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.

    According to CA landlord books the owner can call the police and show them the notice.

    That is all.
  8. #8
    dis
    dis is offline Junior Member
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    evicting a lodger

    Hi everyone, I am in the same boat. I have a single lodger, meaning she's the only lodger I have in my home. She does not have a locked door. According to the Civil Code mentioned on this site, as well as the Penal Code, I should be able to call out a sheriff to have her removed after the 30 days. She has not paid rent, not to mention she is nasty and sometimes even violent.
  9. #9
    CdwJava is online now Senior Member
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    Quote Originally Posted by dis View Post
    Hi everyone, I am in the same boat. I have a single lodger, meaning she's the only lodger I have in my home. She does not have a locked door. According to the Civil Code mentioned on this site, as well as the Penal Code, I should be able to call out a sheriff to have her removed after the 30 days. She has not paid rent, not to mention she is nasty and sometimes even violent.
    This is a thread that is more than 8 years old. Such necroposting is discouraged. To ensure the most prompt responses to your question, please start your own thread on this topic.
    A Nor Cal Cop Sergeant

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    And a croissant!"

    Seek justice,
    Love mercy,
    Walk humbly with your God

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  10. #10
    Joseph_free is offline Member
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    start another thread and I'll tell you my experience.

    Quote Originally Posted by dis View Post
    Hi everyone, I am in the same boat. I have a single lodger, meaning she's the only lodger I have in my home. She does not have a locked door. According to the Civil Code mentioned on this site, as well as the Penal Code, I should be able to call out a sheriff to have her removed after the 30 days. She has not paid rent, not to mention she is nasty and sometimes even violent.
    start another thread and I'll tell you my experience.

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