Legal Question in Real Estate Law in California

Difference between a renter in a B & B or as a room tenant


Asked on 4/19/12, 2:33 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

From Green v. Watson (1958) 224 Cal.App.2d 184 at page 190:

"The chief distinction between a lodger and a tenant lies in the character of possession. A "lodger" has only the right to use the premises, subject to the landlord's retention of control and right of access. A "tenant" has exclusive legal possession of premises and is responsible for their care and condition. When premises are under the direct control and supervision of the owner and rooms are furnished and attended to by him, he or his servants retaining the keys, a person renting such a room is a lodger and not a tenant (Stowe v. Fritzie Hotels, Inc., 44 Cal.2d 416, 421, 282 P.2d 890)."

"Lodger" here means a motel guest, equivalent to your "renter in a B&B" as opposed to a tenant.

Hope this answers your question.

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Answered on 4/19/12, 5:40 pm


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