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Thread: Evict a Lodger in Private Res California

  1. #1
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    Question Evict a Lodger in Private Res California

    I found a civil code (California Civil Code Section 1946.5b) that says if a single lodger in a private residence refuses to leave after the 30 day notice expires then the owner can call law enforcement out to have them removed for trespassing.

    I have been a long term resident renting a house with a written agreement with the owner. I have permission to sublet a room. So in this case I am the owner/landlord to my subtenants.

    I have decided to end the short term (3 months) verbal agreement to rent a room to a lodger. I have issued a written 30 day notice expiring at the end of this month. The lodger insist that CA law allows him 60 days giving him until the end of December.

    Can I use the "lodger law" from above and have law enforcement remove him, or do I have to go through the formal eviction process? Or is there another way to do this? (see California Civil Code Section 1946.5d)
    Last edited by bch221; 11-10-2006 at 11:20 AM.

  2. #2
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    Quote Originally Posted by bch221 View Post
    I found a civil code (California Civil Code Section 1946.5b) that says if a single lodger in a private residence refuses to leave after the 30 day notice expires then the owner can call law enforcement out to have them removed for trespassing.

    I have been a long term resident renting a house with a written agreement with the owner. I have permission to sublet a room. So in this case I am the owner/landlord to my subtenants.

    I have decided to end the short term (3 months) verbal agreement to rent a room to a lodger. I have issued a written 30 day notice expiring at the end of this month. The lodger insist that CA law allows him 60 days giving him until the end of December.

    Can I use the "lodger law" from above and have law enforcement remove him, or do I have to go through the formal eviction process? Or is there another way to do this? (see California Civil Code Section 1946.5d)

    I have the same question.... i've been searching everywhere, can't find anything ???? It seems it should apply, but I don't know ??

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    Thumbs down You’re not trying very hard…

    Then start your own thread…
    This one you’ve hijacked is nearly four years old…

    .._________________________
    ~ Free advice is like a public defender,
    you get what you pay for……

  4. #4
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    Quote Originally Posted by drruthless View Post
    Then start your own thread…
    This one you’ve hijacked is nearly four years old…

    .._________________________
    ~ Free advice is like a public defender,
    you get what you pay for……
    First of all it's NOT hijacking since I have the same EXACT question...

    Second, why do you care if I say "same question" or type it all out again ??

    If you want to help, help... Otherwise keep your mouth shut.... Who cares how old the original, UNANSWERED, question was ????

    My problem is the law says "owned" but there are other laws that imply even if you rent and sublease, that you then are in that ownership role... Just like the original question asked.... Does that qualify ???

  5. #5
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    Actually, it is hijacking. And it matters because no two people's situation is identical, and it confuses the responders to have two different posters in the same thread.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

  6. #6
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    Quote Originally Posted by cbg View Post
    Actually, it is hijacking. And it matters because no two people's situation is identical, and it confuses the responders to have two different posters in the same thread.
    You have to be kidding....

    Lookup "hijacked thread" "threadjacking" or anything like that.... The commonality in all of those is someone CHANGING the original intent of the thread....

    I'm not changing anything, just asking the exact same question.... It's not a question about my situation vs someone else's that may or may not be the same..... It's bringing up an old question that was apparently never answered...

    Why did i piggyback on the existing thread? Cause maybe the OP would get the notification that someone replied and click on it, and maybe they had found the answer somewhere.....and might actually answer their own question for me.... Or maybe it was lost, and others would see it now...

    Im asking the SAME question..... Does that law apply if you are renting and subleasing rather than owning...... Im sorry if two people wondering the same thing is overly complicated for you or anyone else....

    Btw.... If you ask me...hijacking a thread would be turning this thread into complaining about someone asking a legitimate question....

  7. #7
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    Very well.

    You have the following choices: (a) Hope like heck that several years after the fact, the OP is still monitoring and chooses to come back and respond; (b) start your own thread asking the same question, whether you think it is ridiculous or not, and maybe get an answer; (c) insist on getting an answer in this thread and no other, and simply sit and wait.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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    Thumbs down The waiting is over....

    Quote Originally Posted by fishy9900 View Post
    You have to be kidding....

    Lookup "hijacked thread" "threadjacking" or anything like that.... The commonality in all of those is someone CHANGING the original intent of the thread....

    I'm not changing anything, just asking the exact same question.... It's not a question about my situation vs someone else's that may or may not be the same..... It's bringing up an old question that was apparently never answered...

    Why did i piggyback on the existing thread? Cause maybe the OP would get the notification that someone replied and click on it, and maybe they had found the answer somewhere.....and might actually answer their own question for me.... Or maybe it was lost, and others would see it now...

    Im asking the SAME question..... Does that law apply if you are renting and subleasing rather than owning...... Im sorry if two people wondering the same thing is overly complicated for you or anyone else....

    Btw.... If you ask me...hijacking a thread would be turning this thread into complaining about someone asking a legitimate question....



    Well my myopic friend,
    at the risk of pointing out the obvious, to the oblivious,
    you did notice that the OP (original poster ) in three and a half years has not gotten a response ?

    While I can not say with any degree of certainty if the OPs (original poster ) problem has been resolved,
    I can say with a reasonable degree of certainty that the following is going to be the best response YOUR lazy and argumentative @ss is likely to get,

    Google, How to get rid of an unwanted house guest in California.
    You will find a veritable wealth of information at your disposal

    Good luck, ….

    .._____________________________
    ~ We’re sorry, but the position of God has been filled.
    There is however a job for an @sshole…
    I applied but was turned down,
    over qualified…..
    Last edited by drruthless; 07-02-2010 at 03:38 AM.

  9. #9
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    Quote Originally Posted by fishy9900 View Post
    First of all it's NOT hijacking since I have the same EXACT question...

    Second, why do you care if I say "same question" or type it all out again ??

    If you want to help, help... Otherwise keep your mouth shut.... Who cares how old the original, UNANSWERED, question was ????

    My problem is the law says "owned" but there are other laws that imply even if you rent and sublease, that you then are in that ownership role... Just like the original question asked.... Does that qualify ???
    Nope. Arguing with moderators is really stupid as well.
    Contact the local housing authority. Nearly every California county has one. If not in your county, check the neighboring counties. They can advise you better than we can as they are up to date on California Housing laws.
    I don't believe what I write, and neither should you. Information furnished to you is for debate purposes only, be sure to verify with your own research.
    Keep in mind that the information provided may not be worth any more than either a politician's promise or what you paid for it (nothing).
    I also may not have been either sane or sober when I wrote it down.
    Don't worry, be happy.

    http://www.rcfp.org/taping/index.html is a good resource!

  10. #10
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    Since this thread is from 2006 & fishy did get suggestions from drruthless & cj, I'm going to close this thread. I don't think we need any more posts in this old thread.
    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

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