Evict a Lodger in Private Res California

[bch221]

What is the name of your state? CA

I found a civil code (California Civil Code Section 1946.5b) that says if a single lodger in a private residence refuses to leave after the 30 day notice expires then the owner can call law enforcement out to have them removed for trespassing.

I have been a long term resident renting a house with a written agreement with the owner. I have permission to sublet a room. So in this case I am the owner/landlord to my subtenants.

I have decided to end the short term (3 months) verbal agreement to rent a room to a lodger. I have issued a written 30 day notice expiring at the end of this month. The lodger insist that CA law allows him 60 days giving him until the end of December.

Can I use the "lodger law" from above and have law enforcement remove him, or do I have to go through the formal eviction process? Or is there another way to do this? (see California Civil Code Section 1946.5d)

 

[JETX]

I have permission to sublet a room. So in this case I am the owner/landlord to my subtenants.

Do you have "a right of access to all areas of the dwelling unit occupied by the lodger and has overall control of the dwelling unit."??
For example, does your written agreement SPECIFICALLY mention their room and their right to it?? If so, then you can't use the 'periodic lodger' provision.

I have decided to end the short term (3 months) verbal agreement to rent a room to a lodger. I have issued a written 30 day notice expiring at the end of this month. The lodger insist that CA law allows him 60 days giving him until the end of December.

The 'lodger' is not correct. Your 30 day WRITTEN notice is sufficient.

Can I use the "lodger law" from above and have law enforcement remove him, or do I have to go through the formal eviction process?

You can certainly contact the police and see if they will threaten him with trespass (the net effect of the law you are trying to apply), but why not just cut to the bottom line and file an unlawful detainer (eviction) suit and get it over with??

 

[bch221]

If I accept rent will that cancel my 30 day?

Do you have "a right of access to all areas of the dwelling unit occupied by the lodger and has overall control of the dwelling unit."??

I suppose I have right of access. It is a four bedroom house, and I with my husband are the only people on the lease. The room is not a separate part of the house, it has a bathroom that connects with my guest room. I respect his privacy, so I don't enter. I do go in the shared bathroom.

For example, does your written agreement SPECIFICALLY mention their room and their right to it?? If so, then you can't use the 'periodic lodger' provision.

There is NOT a written agreement with the lodger. I purposely did not write one. Please will you rephrase the question? I don't understand 'periodic lodger'. The room for rent was temporary, 3-5 months in our verbal agreement.

At this point, the written 30 day notice will expire on Dec 9. If the lodger attempts to pay the rent for the whole month (31 days) rather than ONLY 9 days, do I accept it and refund the difference? Or will that cancel my 30 day notice? How do I handle rent for 9 days?

 

[bch221]

It's my house, period.

Do you have "a right of access to all areas of the dwelling unit occupied by the lodger and has overall control of the dwelling unit."??
For example, does your written agreement SPECIFICALLY mention their room and their right to it?? If so, then you can't use the 'periodic lodger' provision.

I think you are asking if my written agreement with my landlord specifically mentions the lodger's room and the lodger's right to it... No, my written agreement does not mention anything about subletting. Permission was granted later to me verbally by the Landlord.

Bottom line in my mind- It's my house, the whole damn thing, and I don't want to share it with anyone anymore. Please move within 30 days.

As my four year old says, "You get what you get and you don't throw a fit"

Thanks everyone, hope you enjoyed the stuffing today.