How much notice must a land lord give.

3 views 1 answers
I have been living in a down stairs room with a private entrance in a single home for around three years. The first year was free due to a business deal gone bad than they asked me to pay rent. I do not understand? they owe me the money for a loan that was never payed. Now they want to kick me out. What rights do I have and how can I stay longer than the time given. What is the notice time for this situation.

Attorney Answer

1
Frank Chen ·
The normal answer is that the landlord must provide 60 days written notice if you are a month to month tenant and have been for more than 12 months. However, here, you might be considered a single lodger. A "lodger" is a person who lives in a room in a house where the owner lives. The owner can enter all areas occupied by the lodger and has overall control of the house. Under California law, most lodgers have the same rights as tenants. (Civil Code section 1940(a).) However, in the case of a "single lodger" in a house where there are no other lodgers, the owner can evict the lodger either under normal landlord-tenant unlawful detainer law, or alternatively, without using formal eviction proceedings. The owner can give the lodger written notice that the lodger cannot continue to use the room. The amount of notice must be the same as the number of days between rent payments (usually 30 days). The landlord does not have to give 60 days notice to a single lodger. (California Civil Code Section 1946.5.) Service of the notice is the same as for a tenant, per Code of Civil Procedure section 1162 or by certified mail. Once the owner has given the lodger proper notice and the time has expired, the lodger has no further right to remain in the owner's house and may be removed as a trespasser. A lodger who remains on the premises of an owner-occupied dwelling unit after receipt of a notice terminating the hiring, and expiration of the notice period is guilty of an infraction and may be arrested for the offense by the owner. (Civil Code section 1946.5 and Penal Code section 602.3.)
0 upvotes