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California Civil Code Section 1946.5

Legal Research Home > California Lawyer > Civil Code > California Civil Code Section 1946.5

(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 as specified in Section 1946.
The notice shall be given in a manner prescribed in Section 1162 of
the Code of Civil Procedure or by certified or registered mail,
restricted delivery, to the other party, with a return receipt
requested.
   (b) Upon expiration of the notice period provided in the notice of
termination given pursuant to subdivision (a), 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) As used in this section, "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.  Nothing in this section shall be construed to
determine or affect in any way the rights of persons residing as
lodgers in an owner-occupied dwelling where more than one lodger
resides.

Last modified: January 12, 2009