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To: dennisw

In California you do not need to file an unlawful detainer for a single lodger:

“single family lodger tenant-landlord relationship. A homeowner who rents a room to one tenant in his or her house, and who continues to live in the house, is subject to this rule, which is described in California Civil Code Section 1946.5. The most important difference is that a homeowner who has a single family lodger need only give a notice of termination to the lodger equal to the length of the rental payment period, regardless of the length of the tenancy. For example, if the rent is paid monthly, the notice would be a 30-day notice. This rule is different from the rule applicable to any other month-to-month tenant, who is entitled to 60 days’ notice after being a tenant for more than one year, regardless of the rental payment period.

Also, the single family lodger is potentially an exception to the usual rule in California that requires a landlord to use the unlawful detainer process in Superior Court to evict a tenant after the tenancy has been terminated. Under Section 1946.5, a single family lodger who does not leave after a 30-day notice of termination expires becomes a trespasser, and in theory can be removed by the police without requiring the landlord to complete the unlawful detainer process. However, many local police departments have decided as a matter of policy not to become involved in removing single family lodgers, so a homeowner would need to check the local police policy before relying on this doctrine.”


28 posted on 06/26/2014 7:16:49 PM PDT by kik5150
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To: kik5150

Unfortunately, she has an employment claim of some kind. It is more complicated than being a single lodger.


36 posted on 06/26/2014 8:45:50 PM PDT by doug from upland (Obama and the leftists - destroying our country one day at a time)
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To: kik5150

Unfortunately, she has an employment claim of some kind. It is more complicated than being a single lodger.


44 posted on 06/26/2014 11:46:13 PM PDT by doug from upland (Obama and the leftists - destroying our country one day at a time)
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