Evicting a lodger in California is simpler than evicting a tenant, but only if the arrangement fits a narrow legal definition. Give proper written notice, wait out the notice period, and the lodger loses the right to remain and becomes a trespasser under Penal Code 602.3, which means law enforcement can remove them without a court case.1California Legislative Information. California Code Penal Code 602.3 Miss one of the conditions below and you fall into the full unlawful detainer process in superior court.
Who Counts as a Lodger
The simplified removal process only works for a single lodger in an owner-occupied home. Civil Code 1946.5 defines a lodger as someone who rents a room (or room and board) inside a dwelling that the owner personally occupies, where the owner keeps the right to enter all areas of the home and retains overall control of the property.2California Legislative Information. California Code Civil Code 1946.5 The California Courts self-help site reduces this to two tests: you rent one room to one person, and the house is your primary residence where you actually live.3California Courts. If You Rent a Room Out (Lodgers)
The “single lodger” piece is the one most homeowners miss. Civil Code 1946.5 and Penal Code 602.3 apply only when one lodger lives in the home. Rent rooms to two or more people, even on separate agreements, and none of them qualifies for lodger removal. Those occupants have to be evicted through the courts. The California Attorney General’s office has stated that room renters in a home with the owner generally get full tenant protections against self-help evictions, with the single-lodger arrangement being the only exception.4California Department of Justice. Protecting Tenants Against Unlawful Lockouts and Utility Shutoffs
You also have to keep access. If your agreement gives the lodger exclusive possession of the room and you need permission to enter, a court may treat the person as a tenant no matter what you called the arrangement. Retaining the right to enter for cleaning, maintenance, or other purposes is what preserves lodger status.
The Written Notice
Everything starts with a written notice ending the arrangement. The length, the delivery method, and the content all matter.
How Much Notice
Civil Code 1946.5 ties the notice period to Civil Code 1946: notice must run at least as long as the rental period, capped at 30 days.5California Legislative Information. California Code Civil Code 1946 A lodger paying monthly gets 30 days. A weekly lodger gets a week. The California Courts site notes a floor of seven days even when the payment period is shorter.3California Courts. If You Rent a Room Out (Lodgers)
The termination date should line up with the end of a rental period. If rent is due on the first and you serve notice on May 10, the termination date is June 30, not June 10: you need at least 30 days and you need to land on a rental-period boundary.
How to Deliver It
Civil Code 1946.5 permits two delivery routes. You can serve the notice in one of the ways described in Code of Civil Procedure 1162, or you can send it by certified or registered mail with restricted delivery and a return receipt.2California Legislative Information. California Code Civil Code 1946.5 CCP 1162 gives three options in order of preference: hand the notice to the lodger in person; if that’s not possible, leave it with another adult at the residence and mail a copy to the lodger; or, as a last resort, post it in a visible spot on the property and mail a copy.
Hand delivery is the strongest method because it’s the hardest to dispute later.6California Courts. Deliver the Notice Whatever method you use, write down the date and how you did it. If the lodger later claims they never got the notice, that record is what you’ll be relying on.
What the Notice Says
No statutory form is required. The notice should clearly state that you’re terminating the lodging arrangement and give the date the lodger must be out. Referencing Civil Code 1946.5 puts the lodger on notice of the specific legal authority. Civil Code 1946 also requires a statement about the lodger’s right to reclaim any abandoned personal property.5California Legislative Information. California Code Civil Code 1946 You don’t have to give a reason, but having a documented one protects you against a retaliation claim later.
After the Notice Period Ends
This is where lodger removal splits off from tenant eviction. The moment the notice period expires, the lodger’s right to stay terminates by operation of law.2California Legislative Information. California Code Civil Code 1946.5 A lodger who stays past that date is committing an infraction under Penal Code 602.3, and you can ask law enforcement to remove them. Penal Code 602.3 states that removing a lodger this way does not constitute a forcible entry and cannot be the basis for civil liability.1California Legislative Information. California Code Penal Code 602.3 The Attorney General’s office has called this the sole exception to California’s ban on self-help evictions.4California Department of Justice. Protecting Tenants Against Unlawful Lockouts and Utility Shutoffs
There is a well-known practical problem. Many local officers and deputies are unfamiliar with these statutes and will tell you to go to court. Come prepared. Print copies of Civil Code 1946.5 and Penal Code 602.3 for the responding officer, along with your copy of the notice and proof of how and when it was delivered. The better organized the paperwork, the more likely law enforcement will act on the spot.
When You Have to Go to Court
Trespasser removal doesn’t always work. Officers may back off if the lodger disputes their status, claims to be a tenant, or argues the notice was defective. Any of that pushes you into an unlawful detainer in superior court.
You file the complaint in the county where the home is located. Explain the facts that establish lodger status, describe the notice you gave, and state that the lodger refused to leave after the notice period expired. Filing fees for an unlawful detainer in California run from $240 to $435 depending on the amount of damages claimed.7California Courts. Statewide Civil Fee Schedule
Once filed, the summons and complaint have to be served on the lodger. Service rules for court papers are stricter than for the initial termination notice. Personal service by someone other than you is preferred; substituted service is a fallback, and posting-and-mailing needs the judge’s permission after other methods fail.8California Courts. Serve the Summons and Complaint Forms
The lodger has 10 days to respond, excluding Saturdays, Sundays, and judicial holidays.9California Legislative Information. California Code of Civil Procedure 1167 No response means you can request a default judgment. If the lodger responds, there’s a hearing. Bring your notice, your proof of service, your lodging agreement if one exists, and anything else that documents the timeline. A judgment in your favor produces a writ of possession, which the sheriff enforces on a short timeline after posting a final notice at the property.
Returning the Security Deposit
California’s security deposit law, Civil Code 1950.5, applies to residential rental agreements, and following it protects you from liability even though the statute doesn’t name lodgers specifically. The cap on what you can collect is one month’s rent, with a narrow exception for individual owners (not corporations) of no more than two rental properties totaling four or fewer units, who may collect up to two months.10California Legislative Information. California Code Civil Code 1950.5
Within 21 calendar days after the lodger leaves, return the deposit in full or send an itemized statement explaining each deduction with any remaining balance.10California Legislative Information. California Code Civil Code 1950.5 Deductible items include unpaid rent, cleaning beyond normal wear, and repairs for actual damage. Ordinary cosmetic wear is not deductible. Missing the 21-day window or failing to itemize can expose you to the full deposit amount, so this deadline is one to treat seriously.
Belongings Left Behind
Penal Code 602.3 points to Chapter 5 of the Civil Code (starting at Section 1980) for handling anything the lodger leaves behind.1California Legislative Information. California Code Penal Code 602.3 You can’t throw it out and you can’t keep it.
Send the former lodger a written notice describing the property, telling them where to pick it up, and giving a claim deadline. The deadline has to be at least 15 days from personal delivery of the notice, or at least 18 days if you mail it.11California Legislative Information. California Code Civil Code 1983 The notice should also say that reasonable storage costs may apply.
What happens next depends on value. If you reasonably believe the total resale value of the unclaimed items is less than $700, you can keep or dispose of them as you like.12California Legislative Information. California Code Civil Code 1988 At $700 or more, you have to hold a public auction. Proceeds first cover your storage and sale costs, and any surplus goes to the county.
Retaliation Risk
Civil Code 1942.5 bars landlords from evicting, raising rent, or cutting services in retaliation against a tenant who complains about living conditions or reports code violations.13California Legislative Information. California Code Civil Code 1942.5 The statute uses the words “lessor” and “lessee,” and its direct application to lodgers isn’t settled. Still, courts can read these principles broadly, and ending an arrangement right after a complaint invites a retaliation defense whether the person is formally a lodger or a tenant.
The statute creates a 180-day window after a complaint or inspection during which any eviction action is presumed retaliatory unless you can prove otherwise. A finding of retaliation can dismiss the eviction and leave you owing the lodger’s attorney’s fees.13California Legislative Information. California Code Civil Code 1942.5 If your lodger has recently complained about conditions in the home, document the legitimate reason for ending the arrangement before you serve notice. Timing alone can create an inference that’s hard to overcome.
Rent Caps and Just Cause Don’t Apply
The California Tenant Protection Act of 2019 (AB 1482) imposes rent caps and just cause eviction rules on most residential tenancies, but it exempts owner-occupied properties where the tenant shares a bathroom or kitchen with the owner.14California City of Berkeley Rent Board. AB 1482 The California Tenant Protection Act of 2019 A lodger sharing common areas with the owner falls inside that exemption. You don’t need just cause to end the arrangement, and the statewide rent cap doesn’t limit what you charge. If you take on additional occupants or let the lodger acquire exclusive possession of part of the home, the exemption may no longer apply.