Lodger situation

[dcn11]

I own a mobile home in California. I have someone in my residence that would qualify as a lodger. She was allowed to stay for awhile as a courtesy. Now she feels she does not have to leave. There is no relationship between us, she has never signed any paperwork(leases or agreements). I would like to know what my options are in getting her evicted from my residence.

 

[mike]

I own a mobile home in California. I have someone in my residence that would qualify as a lodger. She was allowed to stay for awhile as a courtesy. Now she feels she does not have to leave. There is no relationship between us, she has never signed any paperwork(leases or agreements). I would like to know what my options are in getting her evicted from my residence.

First of all, how long has this person lived there? Has she ever paid rent? What are the facts here that could be relevant" Why would you hesitate to call the police or is there more to this story than meets the eye? As there is no agreement that may protect the lodger (assuming this wasn't a terribly long time), I'm not sure that this person could not be removed as a trespasser.

From what I found on a California governmental site that addresses lodgers, here is what I found:

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. Most lodgers have the same rights as tenants. (See Civil Code Section 1946.5 , Civil Code Section 1940(a) )

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. (See Civil Code Section 1946.5, Penal Code Section 602.3.)

 

[dcn11]

The lodger has never paid rent for over a period of 3 months. The are no arrangements. I allowed this person to stay as a favor. However, it seems that this has dragged on. I am just seeking to make sure my "bases" are covered legally when I start the "eviction" process; or exactly what the legal process would require. I had done some research to make sure what catagory the person would fall under and they are definately under the heading of a lodger.

 

[freebird]

The California Department of Consumer Affairs Landlord Tenant Division has a great excerpt on what you can do. I'll take a small snippet:

Generally, under California law, lodgers and residents of hotels and motels have the same rights as tenants.2 Situations in which lodgers and residents of hotels and motels do and do not have the rights of tenants, and other special situations, are discussed in the "Special Situations" sidebar below.3

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"

2 Civil Code Section 1940(a).
3 See additional discussion in Moskovitz et al., California Landlord-Tenant Practice, Section 1.3 (Cal. Cont. Ed. Bar, 2002).
10 Civil Code Section 1946.5, Penal Code Section 602.3.

It seems that you might be able to remove your "lodger" more quickly and with less pain and time involved in an eviction proceeding.