Single Lodger

Nov 29
2010

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 and the owner of the property also resides there, the owner can evict the lodge 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.

Penal Code Section 602.3 – states,

(a) A lodger who is subject to Section 1946.5 of the Civil
Code and who remains on the premises of an owner-occupied dwelling
unit after receipt of a notice terminating the hiring, and expiration
of the notice period, provided in Section 1946.5 of the Civil Code
is guilty of an infraction and may, pursuant to Section 837, be
arrested for the offense by the owner, or in the event the owner is
represented by a court-appointed conservator, executor, or
administrator, by the owner's representative. Notwithstanding Section
853.5, the requirement of that section for release upon a written
promise to appear shall not preclude an assisting peace officer from
removing the person from the owner-occupied dwelling unit.
   (b) The removal of a lodger from a dwelling unit by the owner
pursuant to subdivision (a) is not a forcible entry under the
provisions of Section 1159 of the Code of Civil Procedure and shall
not be a basis for civil liability under that section.
   (c) Chapter 5 (commencing with Section 1980) of Title 5 of Part 4
of Division 3 of the Civil Code applies to any personal property of
the lodger which remains on the premises following the lodger's
removal from the premises pursuant to this section.
   (d) Nothing in this section shall be construed to limit the owner'
s right to have a lodger removed under other provisions of law.
   (e) Except as provided in subdivision (b), nothing in this section
shall be construed to limit or affect in any way any cause of action
an owner or lodger may have for damages for any breach of the
contract of the parties respecting the lodging.
   (f) This section applies only to owner-occupied dwellings where a
single lodger resides. Nothing in this section shall be construed to
determine or affect in any way the rights of persons residing as
lodgers in an owner-occupied dwelling where more than one lodger
resides.
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