California Lodger Law for share room with private entrance

This is a discussion on California Lodger Law for share room with private entrance within the Landlord vs Tenant Issues forum, part of the REAL ESTATE & PROPERTY LAW category; My husband and I share out our master bedroom to help with the mortgage. For privacy, we have created a ...

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Old Oct 5th, 2011, 01:53 PM   #1
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Default California Lodger Law for share room with private entrance

My husband and I share out our master bedroom to help with the mortgage. For privacy, we have created a seperate entrance for the room so the tenant can access his room easily. We also put a lock to the room so he can only access thru his room and not the whole house. Since he is late on his rent, we were wondering if we can give him 3-days notice and have him move out of the house. Is he consider as a "lodger"? If he does not move out of the house within the 3 days as given by the notice, can we evict him as trespasser or do we need to go thru the whole formal eviction process? Thank you.
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Old Oct 5th, 2011, 02:53 PM   #2
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Default Re: California Lodger Law for share room with private entrance

I wish to inform you that in California you may evict lodger without formal eviction process. The owner can give the lodger written notice that the lodger cannot continue to use the room. The period of notice must be the same as the number of days between rent payments. 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 premises and may be removed as a trespasser.

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Old Oct 6th, 2011, 03:28 AM   #3
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Default Re: California Lodger Law for share room with private entrance

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My husband and I share out our master bedroom to help with the mortgage. For privacy, we have created a seperate entrance for the room so the tenant can access his room easily. We also put a lock to the room so he can only access thru his room and not the whole house. Since he is late on his rent, we were wondering if we can give him 3-days notice and have him move out of the house. Is he consider as a "lodger"? If he does not move out of the house within the 3 days as given by the notice, can we evict him as trespasser or do we need to go thru the whole formal eviction process? Thank you.
California Lodger Law specifically applies to persons who own their homes, and who rent out ONE room to ONE additional person (a SINGLE lodger in a private residence).

You most certainly can provide him with a 3-day notice to pay or quit. If the tenant fails to comply and pay all past due rent IN FULL, you can remove him and his belongings as a trespasser. The standard eviction laws DO NOT APPLY.

For more information to make sure you qualify for this, read here: California Tenants - California Department of Consumer Affairs
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Old Oct 6th, 2011, 06:27 PM   #4
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Default Re: California Lodger Law for share room with private entrance

Thank you all for helping reply to my message. I also have another question. We did created a contract when he rented the room from our house. At the time we created the contract, I did not know about the "lodger" law and I refer him as "tenant". Can the state law supersedes our contract?
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Old Oct 6th, 2011, 08:17 PM   #5
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Default Re: California Lodger Law for share room with private entrance

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Thank you all for helping reply to my message. I also have another question. We did created a contract when he rented the room from our house. At the time we created the contract, I did not know about the "lodger" law and I refer him as "tenant". Can the state law supersedes our contract?
What exactly were the terms of the contract that you are concerned with?

If your concern is with the term "tenant" vs. "lodger", it is not the title but the circumstances which constitute the legal definition of his tenancy. Yes, he is a tenant, but as far as the actual circumstances of the tenancy, by the fact that he is a single lodger living in a residence you own, that makes him legally a lodger as far as Landlord Tenant law is concerned.

In this case, California state law (the California Lodger Law specifically) determines exactly how you are legally allowed to proceed in this situation, so YES, the law itself supersedes the contract. You may want to notify the tenant/lodger of this fact when you provide them with your 3-day notice.

Keep in mind that by giving him a 3-day notice to Pay or Quit, he actually is being given a choice - he can pay or face being thrown out. If he does pay, you can/should also notify them (in writing) that you will no longer tolerate any further violations of this lease term, and upon the next occasion, you can/will simply give them a Notice to Terminate instead of a 3-day notice. 30 days' written notice would be required, and at the end of that 30-days, he MUST vacate or face being removed as a trespasser.
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Old Oct 7th, 2011, 05:43 PM   #6
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Default Re: California Lodger Law for share room with private entrance

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What exactly were the terms of the contract that you are concerned with?

If your concern is with the term "tenant" vs. "lodger", it is not the title but the circumstances which constitute the legal definition of his tenancy. Yes, he is a tenant, but as far as the actual circumstances of the tenancy, by the fact that he is a single lodger living in a residence you own, that makes him legally a lodger as far as Landlord Tenant law is concerned.

In this case, California state law (the California Lodger Law specifically) determines exactly how you are legally allowed to proceed in this situation, so YES, the law itself supersedes the contract. You may want to notify the tenant/lodger of this fact when you provide them with your 3-day notice.

Keep in mind that by giving him a 3-day notice to Pay or Quit, he actually is being given a choice - he can pay or face being thrown out. If he does pay, you can/should also notify them (in writing) that you will no longer tolerate any further violations of this lease term, and upon the next occasion, you can/will simply give them a Notice to Terminate instead of a 3-day notice. 30 days' written notice would be required, and at the end of that 30-days, he MUST vacate or face being removed as a trespasser.
I see. Thank you very much for your information. He once asked me if he can pay bi-weekly instead. Can I revise the contract to show its bi-weekly payment and I can give him a 2 weeks notice to vacate instead of 30 days because I remembered somewhere on the California Lodger law stating the number of days for the notice is based upon the number of days between each payment. Again, thank you very much for your help.
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