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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 113505
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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Los Angeles Rental Law. My so called "Lodger" did

Customer Question

Los Angeles Rental Law. My so called "Lodger" did not move out after 30-day notice. I was told that I can change the lock after 30-day notice to vacate or go to the sheriff and report lodger as a trespasser. Sheriff sent me to the court to get form. I ended up going to a help center and they filled out the Three-Day Notice to Quit and my neighbor handed it to the "lodger" (tenant) and if lodger doesn't move out today, I have to go back to the Help Center and they will prepare the "Unlawful Detainer" form. It seems like the Los Angeles Law for Lodger is the same for tenant/landlord law after all. I'm still confuse. One lawyer from this website says follow the "lodger" law while another says the opposite (tenant/landlord) law. Anyone thoughts from other lawyers out there?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
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. See: Civil Code Section 1946.5.
Most lodgers have the same rights as tenants. See: Civil Code Section 1940(a). For 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). 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.
But, if this is not really a lodger as it is not a single person living in the house with you as the owner, YOU MUST FOLLOW LANDLORD TENANT LAW and file for an unlawful detainer to evict him if he refuses to leave after you give written notice to do so.