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Thread: lodger eviction

  1. #1
    calawquestion is offline Junior Member
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    lodger eviction

    What is the name of your state (only U.S. law)? California
    I have a lodger to whom I have given a 30 day notice to quit. He gave me a check for August's rent the day before I gave this notice and then took the check back from on top of my personal computer. What rights do I now have regarding non-payment of rent? Can I serve a 3-day notice to pay or quit?
  2. #2
    Banned_Princess is offline Senior Member
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    I don't get it, did tenant take the check back from your computer, or did you?

    if he hasn't paid august rent, send a 3 day notice, then wait a month for court.
  3. #3
    sandyclaus is offline Senior Member
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    Quote Originally Posted by calawquestion View Post
    What is the name of your state (only U.S. law)? California
    I have a lodger to whom I have given a 30 day notice to quit. He gave me a check for August's rent the day before I gave this notice and then took the check back from on top of my personal computer. What rights do I now have regarding non-payment of rent? Can I serve a 3-day notice to pay or quit?
    Are you the property owner, living in the home, and is this lodger the only lodger in your home?

    If so, then you can use California Lodger Laws instead of the formal eviction procedures to get rid of this person.

    Per the DCA California Landlord-Tenant Handbook [url=http://www.dca.ca.gov/publications/landlordbook/whois.shtml]California Tenants - California Department of Consumer Affairs[/url]

    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). 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.
    If the lodger has taken back their rent check from you, then you can serve them with a 3-day Notice to Pay or Quit. After the 3 days have passed, if they have not paid the rent due, then you can treat them as a trespasser and call the police to have them removed from the property - no formal eviction or court order would be required.
  4. #4
    calawquestion is offline Junior Member
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    Quote Originally Posted by Banned_Princess View Post
    I don't get it, did tenant take the check back from your computer, or did you?

    if he hasn't paid august rent, send a 3 day notice, then wait a month for court.
    HE took the check. Being in CA, and him being a lodger, I don't have to go to court.
  5. #5
    calawquestion is offline Junior Member
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    Question

    Quote Originally Posted by sandyclaus View Post
    Are you the property owner, living in the home, and is this lodger the only lodger in your home?

    If so, then you can use California Lodger Laws instead of the formal eviction procedures to get rid of this person.

    Per the DCA California Landlord-Tenant Handbook [url=http://www.dca.ca.gov/publications/landlordbook/whois.shtml]California Tenants - California Department of Consumer Affairs[/url]



    If the lodger has taken back their rent check from you, then you can serve them with a 3-day Notice to Pay or Quit. After the 3 days have passed, if they have not paid the rent due, then you can treat them as a trespasser and call the police to have them removed from the property - no formal eviction or court order would be required.
    Will the 3 day notice to pay or quit negate the 30 day notice I already gave him if he decides to pay August's rent?
  6. #6
    sandyclaus is offline Senior Member
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    Quote Originally Posted by calawquestion View Post
    Will the 3 day notice to pay or quit negate the 30 day notice I already gave him if he decides to pay August's rent?
    No, it shouldn't. OF course, if they are bold enough to swipe that check, they either intend NOT to pay you (and use that money to move), or screw with you in some other way.

    If they do pay you, be sure to demand certified funds (a certified bank check or cash). If they don't pay at all, they will be out of there that much sooner.

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