Landlords often find that the law is not necessarily in their favor when it comes to removing a tenant who fails to perform under the terms of the lease agreement - ie, fails to pay the rent. In most cases, a landlord will be required to serve the tenant with a 3 day Notice to Pay/Cure or Quit; thereafter, should the tenant still fail to pay/cure, the landlord will be required to file a lawsuit, known in California (and most other states) as an Unlawful Detainer. While the civil procedure requirements are special, and such cases proceed much more quickly than the usual civil lawsuit, it still takes time before the landlord ultimately receives an order to kick the tenant out - most times, it takes at least 3-6 weeks, depending on various factors, though I have seen it take up to 3 months in the past.
However, there is an instance where a lawsuit is not required, where the landlord may be able to evict the tenant/lodger without court action. Civil Code section 1946.5 states, in pertinent part, as follows:
"(a) The hiring of a room by a lodger on a periodic basis within a dwelling unit occupied by the owner may be terminated by either party giving written notice to the other of his or her intention to terminate the hiring, at least as long before the expiration of the term of the hiring ... The notice shall be given in a manner prescribed in Section 1162 of the Code of Civil Procedure or by certified or registered mail; ...
(b) Upon expiration of the notice period provided in the notice of termination given ... any right of the lodger to remain in the dwelling unit or any part thereof is terminated by operation of law. The lodger's removal from the premises may thereafter be effected pursuant to the provisions of Section 602.3 of the Penal Code or other applicable provisions of law.
(c) ... "lodger" means a person contracting with the owner of a dwelling unit for a room or room and board within the dwelling unit personally occupied by the owner, where the owner retains a right of access to all areas of the dwelling unit occupied by the lodger and has overall control of the dwelling unit.
(d) This section applies only to owner occupied dwellings where a single lodger resides. ..."
Thus, where an owner of a residence (not a tenant) resides at that residence and allows a lodger/tenant (a single lodger/tenant) to occupy a portion of that residence, the landlord has special rights which, as long as the requirements of Section 1146.5 are complied with, allows the landlord to treat the terminated tenant/lodger as a trespasser, and may remove the person without a court order - by simply contacting the police.
An example would be if you let your "friend" who recently moved out of his parents' house, crash on your couch for a few days or weeks until he finds a suitable place to live. If you become tired of your friend, and cannot otherwise get him to leave, you could resort to formally dispatching his person via Section 1946.5.
Have a great day!
It's all true Abe, except when it isn't. The fact is that when the police are called, my experience is that even when a homeowner shows the cops a Grant Deed or other document indicating that title rests in the property owner, the law enforcement will make only a limited effort to support the legitimate property owner adn usually will leave, forcing the owner to file the UD action. Of course, the homeowner is free to engage in "self help," but always runs the risk of seeing a later filed lawsuit from his or her former friend/lodger. It should be easy, but it never is.
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