What is the difference between a lodger and a tenant in california

For occupancy periods less than one year, the notice period is 30 days. If you don't leave by the end of the notice period, the landlord can file a lawsuit to have you evicted. There's a streamlined eviction process if you've done something wrong such as failing to pay the rent, violating the lease agreement or interfering with other tenants.

Then, the landlord can serve a three-day notice asking you to fix the problem. If you do not, the landlord can apply for an eviction order from the court. If you live in a house where the owner lives and there are no other lodgers, simplified eviction rules apply.

The homeowner can evict you simply by giving written notice of termination equal to the length of the rent payment period, regardless of how long you have lived in the room. For example, if you pay rent each month, then the notice must be a day notice. When the notice period ends, you have no legal right to remain in the owner's house.

The owner can ask the police to remove you as a trespasser without initiating eviction proceedings through the court. Find her at www. Above all, the rental relationship should be described in a written rental agreement.

An oral rental agreement is enforceable, but too often the tenant and landlord have different recollections of their oral agreement. The written agreement should cover all essential elements, such as the amount of rent, amount of deposit, when rent is due, who is allowed to live in the rental room and whether the term is month to month or longer.

If you decide to use a rental agreement form, make sure it is up to date and correct. 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 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 day notice. 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.

Either way, seeking help from an insurance broker will help you to find the right policy at an affordable price. For more information give us a call on Skip to content. Some landlords use the words interchangeably, but there are many differences to be aware of… Lodgers or tenants? Whether you have lodgers or tenants, here are some things to be aware of: Tenant rights Tenants have more rights than lodgers and rent property from you under a tenancy agreement, which covers areas such as tenant and landlord obligations, rental price, and the start and end date of the tenancy.