Legal Question in Real Estate Law in California

Re: resident landlord

You would be considered a lodger, not a tenant. Whereas a tenant has a right of possession under his or her lease, a lodger does not have a possessory interest in real property. What you have is more of a license.

The difference between a possessory interest in real property and a license to use real property can be pretty technical. Suffice it to say that while you do have real rights under a license agreement, as with other contracts, you rights depend upon what the property owner and you have agreed upon, and these do not necessarily include the rights a true tenant is presumed to acquire along with the right of exclusive possession that a lease conveys.

For example, a lodger is not entitled to notice and a formal eviction process; the lodging agreement can be terminated at any time, and while the lodger may be entitled to money damages for breach of the lodging contract, the lodger is not entitled to an unlawful detainer trial which, if he won, would result in a court order to leave the lease in effect and not evict the tenant.

Bottom line, your rights are limited to what the property owner has granted to you, and he/she can modify the rules at will, although such modification might also breach a contract giving you a claim for money damages.