California  |  Landlord & Tenant Law

Legal Question

Asked on: 2/02/12, 10:24 pm

I let a down on her luck ex friend and her boyfriend move into my spare bedroom over a year ago for free so they could get back on their feet. My financial situation has gotten worse and I want them out so I can rent out that room but, they won't leave. The house is in Los Angeles, Ca. An article in the L A Times said that because they were invited in by me they are not trespassers but are "tenants at will" and will have to be given a 30 day notice to leave rather than a 60 day notice which is required for paying renters who have resided there for over a year. Other "experts" tell me I need a 60 day notice. I'm disabled and my health is getting worse dealing with the stress of this and the bad vibes I get from them in my own house. I want to make sure everything is done right so that if it goes to court it will not be thrown out. What is the correct answer and can you site the relevant section in the Ca. civil code so I know for sure. I have tried searching the code but can't find anything regarding non paying guests only lodgers which is defined as someone who pays, not a guest.

If a local attorney answers this and I think it's correct then I may want you to represent me.

2 Answers


Answered on: 2/02/12, 11:07 pm by Sergei Tokmakov

They are lodgers and have same rights as tenants, as far as eviction goes. Civil Code Section 1940(a). You have to give them a 30-day notice and initiate eviction procedure if they fail to move out.

To do it faster, you would have to allege a form of harassment and get a restraining order.


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Answered on: 2/03/12, 8:42 am by Philip Iadevaia

The previous answer is incorrect. You friends are "lodgers" in the sense that they are entitled to a 30 day notice to quit, but after 30 days, if they don't leave, you don't need to go through formal eviction proceedings. After 30 days expires, they are considered trespassers and you can call the police and have the officers remove them. No court, no fees. Good luck.


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Law Offices of Philip A. Iadevaia 12100 Wilshire Blvd., Eighth Floor Los Angeles, CA 90025

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