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Attorney & Mediator
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How do I remove my roomate from my home

Resolved Question:

How do I remove my roomate from my home?
Submitted: 5 years ago.
Category: Legal
Expert:  Attorney & Mediator replied 5 years ago.
Two ways to remove someone that you have permitted to stay in your property. 1) By having a restraining order placed on the roommate if there is issues of violence in the household. 2) You would need to proceed with an eviction process to get him legally out. Since he has been permitted to stay on the premises to establish a residence there, he has the same rights as a lodger/tenant and eviction would be the way to get them out.

In California to remove someone you first need to serve them with notice to vacate. Typically this would be 30 days. If they have defaulted on rent, then notice would be within 3 days. If they fail to leave within the notice time, then you need to file a summons and complaint for an unlawful detainer action.

You can review the process here

You can access the court forms here.

There is also how to books that you can find at major bookstores such as Boarder's books that can help you with the process.


If I have been helpful, please click Accept for my time and research. If you need more help, please click reply. Positive Feedback is greatly appreciated and reciprocated. Feedback should relate to customer service and not about the law, which I have no control over, thank you.

Legal Disclaimer. The information given by me is not legal advice. . You should not and may not rely on anything on this website as legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. I do not provide general or specific legal advice. . I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are recommended to speak with the appropriate legal counsel for accurate and complete information. No part of this disclaimer can be reproduced without the consent of the owner. Thank you.

Customer: replied 5 years ago.
I do know in California you cannot evict a tentant who is a roommate and one that is a renter of a unit is different and the unlawful detainer process does not apply.
Expert:  Attorney & Mediator replied 5 years ago.
Thank you for your reply.

Since he shares a room in your home he is considered a lodger. You would still need to serve him the 30 days notice to vacate the premises. Following the notice, if he fails to vacate, then he is treated as a trespasser, which means you can call the police to get him out.

This is how the Department of California Consumer Affairs addresses your situation.

And I quote:

Single lodger in a private residence

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.8 Most lodgers have the same rights as tenants.9

However, in the case of a single lodger in a house where there are no other lodgers, the owner can evict the lodger 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 (for example, 30 days). (See "Tenant's notice to end a periodic tenancy".) When 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.10




1946.5. (a) The hiring of a room by a lodger on a periodic basis
within a dwelling unit occupied by the owner may be terminated by
either party giving written notice to the other of his or her
intention to terminate the hiring, at least as long before the
expiration of the term of the hiring as specified in Section 1946.
The notice shall be given in a manner prescribed in Section 1162 of
the Code of Civil Procedure or by certified or registered mail,
restricted delivery, to the other party, with a return receipt
requested.
(b) Upon expiration of the notice period provided in the notice of
termination given pursuant to subdivision (a), any right of the
lodger to remain in the dwelling unit or any part thereof is
terminated by operation of law. The lodger's removal from the
premises may thereafter be effected pursuant to the provisions of
Section 602.3 of the Penal Code or other applicable provisions of
law.
(c) As used in this section, "lodger" means a person contracting
with the owner of a dwelling unit for a room or room and board within
the dwelling unit personally occupied by the owner, where the owner
retains a right of access to all areas of the dwelling unit occupied
by the lodger and has overall control of the dwelling unit.
(d) This section applies only to owner-occupied dwellings where a
single lodger resides. Nothing in this section shall be construed to
determine or affect in any way the rights of persons residing as
lodgers in an owner-occupied dwelling where more than one lodger
resides.



Penal code on trespassing lodgers who stay after the expiration of notice to vacate:




602.3. (a) A lodger who is subject to Section 1946.5 of the Civil
Code and 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, provided in Section 1946.5 of the Civil Code
is guilty of an infraction and may, pursuant to Section 837, be
arrested for the offense by the owner, or in the event the owner is
represented by a court-appointed conservator, executor, or
administrator, by the owner's representative. Notwithstanding
Section 853.5, the requirement of that section for release upon a
written promise to appear shall not preclude an assisting peace
officer from removing the person from the owner-occupied dwelling
unit.
(b) The removal of a lodger from a dwelling unit by the owner
pursuant to subdivision (a) is not a forcible entry under the
provisions of Section 1159 of the Code of Civil Procedure and shall
not be a basis for civil liability under that section.
(c) Chapter 5 (commencing with Section 1980) of Title 5 of Part 4
of Division 3 of the Civil Code applies to any personal property of
the lodger which remains on the premises following the lodger's
removal from the premises pursuant to this section.
(d) Nothing in this section shall be construed to limit the owner'
s right to have a lodger removed under other provisions of law.
(e) Except as provided in subdivision (b), nothing in this section
shall be construed to limit or affect in any way any cause of action
an owner or lodger may have for damages for any breach of the
contract of the parties respecting the lodging.
(f) This section applies only to owner-occupied dwellings where a
single lodger resides. Nothing in this section shall be construed to
determine or affect in any way the rights of persons residing as
lodgers in an owner-occupied dwelling where more than one lodger
resides.




If I have been helpful, please click Accept for my time and research. If you need more help, please click reply. Positive Feedback is greatly appreciated and reciprocated. Feedback should relate to customer service and not about the law, which I have no control over, thank you.

Legal Disclaimer. The information given by me is not legal advice. . You should not and may not rely on anything on this website as legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. I do not provide general or specific legal advice. . I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are recommended to speak with the appropriate legal counsel for accurate and complete information. No part of this disclaimer can be reproduced without the consent of the owner. Thank you.

Attorney & Mediator, Lawyer
Category: Legal
Satisfied Customers: 20012
Experience: Attorney & Certified Mediator
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