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If you rent a room out (lodgers)

If you rent one room in your home to one person, you may have a lodger. Different laws apply to evicting lodgers. In some cases, you can remove them from your home without going through the eviction court process. You will still need to give them written notice.

There are laws that say when you can use a simple process to remove a lodger. The law is Civil Code section 1946.5. In general, you first give the lodger written notice. Then, if they don't move out by the end of the notice period, they are considered trespassing. You can ask law enforcement to remove them.

Figure out if they are a lodger

You can only use the simple process if the person is a lodger. You have a lodger if both are true:

You rent one room to one person. It can be "room and board" where they also receive meals.
The house is your residence. This means it's where you usually live. You have kept the right to go into every room in the house, including the room that the lodger rents.

You do not have a lodger if you rent to more than one person, you do not have access to the room you rent, or you don't live in the house.

If you're in immediate danger, you can call the police. In some cases you may be abe to get a restraining order that includes an order that notice to a lodger

How to ask a lodger to move out

Give the lodger written notice

There is no statewide form you can use. You may be able to find one online or at a library.

Fill out and sign a Notice to Vacate. Generally, the notice must give the tenant the same amount of time to move out as their rental payment period. It must give at least 7-days notice. For example, if they pay you every day, you must give a 7-day notice even though the payment period is every day. Civil Code section 1946.
Give the Notice to your lodger and fill out a proof of service. You can usually deliver the notice by handing it to the tenant. Then, you fill out a proof of service (this is a section on the notice) to show when and how you gave th etenant the written notice. You will need the proof to show law enforcement if the lodger does not move out.

The lodger has until the end of the Notice period to move out.

If a lodger doesn't move out, law enforcement may help remove them

At the end of the notice period, your lodger no longer has the right to be in your home. If they are still there, they are trespassing. You can ask your local law enforcement agency to remove them as a trespasser under Penal Code 602.3. You will need to show the officer the Notice and Proof of Service, showing what date the Lodger was served with the Notice.

Not all sheriffs or police departments will remove a lodger for trespassing.

You may want to check with your local law enforcement what their policy is. It can help to bring a copy of the law. If they won't, you'll need to follow the steps for an eviction.