Removing Lodger under California civil code 1946.5

Removing Lodger under California civil code 1946.5 by Anonymous on September 19, 2004 @21:43

I have a roommate in my owner occupied dwelling of which I meet all of the requirements under 1946.5. I served the lodger with a 30 day notice on August 16, 2004. On September 15, 2004 the 30 day expired. My roommate has been evicted before (found out too late) and seems to have all the knowledge about his rights. However, when I showed him 1946.5 I think he is concerned.

My problem is the fact that I cannot get the police department or the sheriff's department to come and arrest him for trespassing. They are not familiar with this rarely used section of the the eviction process.

I would like to know if there is anyone out there who has successfully removed a lodger after the 30 days had expired and they remained on the property. What did you do to get someone to arrest or remove the lodger? What made you successful in getting rid of the lodger?

Any help would be appreciated.

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Re: Removing Lodger under California civil code 1946.5 by Bill on September 19, 2004 @23:04	[ Reply ]

I don't have any experience in CA, but you may have some luck in going through the DA's office. Good luck.

Re: Removing Lodger under California civil code 1946.5

Re: Removing Lodger under California civil code 1946.5 by mary (ca) on April 25, 2012 @18:42	[ Reply ]

I simply removed him myself. Left belongings on the porch. He had violated the prohibition of putting a lock on the door of his room without giving me access. As a landlord, in the home you have a right to enter. He had a dog locked in the room for three days...no water, heater on,,and all of his equipment running. I told him I was putting his stuff on porch and to come and get it. I am now facing a civil court action against me in which he makes various false accusations. I felt it was better to face that then keep him in my home unwanted. End of story.

Re: Removing Lodger under California civil code 1946.5 by Elisa (California) on March 3, 2015 @17:28	[ Reply ]

I read everything that I could find on the law and its enforcement. The police and sheriff departments are not well educated in lodger law. I left notices to the lodger (I had only one renter, renting a single room in my home) informing him that as a lodger he did not have the same rights as a tenant. I took photos of his violations and gave him copies along with written notice that I would take him to court if he did not move. When he asked for more time, I told him that I needed to see him make progress in moving. When he asked whether I had his rent deposit I informed him that he was not yet moved out. He took additional time but did move a bit faster than the courts would.

Removing Lodger under California civil code 1946.5 - Landlord Forum thread 103705