Legal Question in Real Estate Law in California

Roomate Eviction

I own and live in my own home. I rented out the spare bedrooms and have since realized it's not working out with one of the roomates. I have no kind of lease agreement with either of them as well. Am I obligated to follow the 3/day then 30 notice process. or can I just verbally and via hand written notice ask this person to leave within a reasonable amount of time ? If so what are my options if they decide that they wont leave in the time frame given.

Thank You


Asked on 2/28/02, 12:48 pm

2 Answers from Attorneys

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

Re: Roomate Eviction

If there were only one renter, it would depend upon whether the renter would be classified as a 'lodger' or a 'tenant.' A 'lodger' is anyone who rents a room, or receives room and board, in a dwelling unit occupied by the owner, if the owner retains a right of access to all areas of the unit occupied by the owner and has overall control of the unit. See Civil Code section 1946.5. The law provides a simplified procedure for terminating a single lodger's rights.

Unfortunately, you seem to have more than one, so it looks like you're a landlord and all the usual laws protecting tenants will apply to you.

This doesn't mean you shouldn't try a simpler method, i.e. negotiating a voluntary departure, but if the tenant/roommate won't cooperate, you're stuck with the usual notice and eviction process.

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Answered on 2/28/02, 2:03 pm
Ken Koenen Koenen & Tokunaga, P.C.

Re: Roomate Eviction

You should give them a 30 day notice, but offer them some incentive to move earlier. 3-day notice is used when they have not paid, or have not vacated at the end of the proper notice. No one wants to live on the streets.

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Answered on 2/28/02, 2:03 pm


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