Legal Question in Real Estate Law in California

I am a homeowner and I allowed two old friends to move into my extra bedrooms with no written contract and no deposit. I did not do it to make money but to help my friends out. They both pay me a small rent and their share of utilities. One friend is awful to live with; hasn't paid his share in 2.5 months, is a hoarder, filling my house, garage and yard with junk, irresponsible, immature, etc. I understand having one person in my home is a "lodger" or a "guest" but having two might be considered a "renter" with more rights? I want this person and all their trash out of my home. Would they be considered a renter or a lodger or guest?


Asked on 3/09/10, 8:50 am

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

The two are probably lodgers, and if you had only one, Civil Code section 1946.5 would apply, and after giving notice as required by section 1946 you could use the police to remove the party under Penal Code section 602.3. Since there are two, 1946.5 won't help you, but under the authority of Roberts v. Casey (1939) 36 Cal.App.Supp. 767, I'd say you could move directly to an unlawful detainer action, without notice other than service of the suit.

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Answered on 3/15/10, 4:55 pm


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