I own a house that has an attached 684 sq.ft. mother-in-law unit(living room,kitchen, bathroom, etc...) that I occupy, the lodger occupies the main house, 2 bedrooms, 1.5 bath, living room, dining room, ect.... Her rental agreement clearly states "Landlord shall retain access and control of entire property" and "Landlord and the Tenant/Lodger co-occupy the property"(she occupies the area north of the garage, I occupy the area south of the garage, including the garage), She stays in her area, I stay in mine. How do I make sure she understands she's a lodger and how do I make sure the rental agreement isn't defective? Or would the agreement be ok as long as it states that I retain access and control, there is only her and I, I am renting it out as a place to live, and I am the owner in fee simple absolute. Thank you
You won't know if the agreement is defective unless you have an attorney review it. Although there are simplied ways to evict a single lodger occupying a room (Civil Code section 1946.5 and Penal Code section 602.3), your best bet would be to retain an eviction attorney to serve a 3 day notice to pay rent or quit, followed by an unlawful detainer lawsuit.
Frank W. Chen has been licensed to practice law in California since 1988. This posting does not create any attorney-client relationship. The information presented here is general in nature and is not intended nor should be construed as legal advice for any particular case or client. For specific advice about your particular situation, please consult with your own attorney. This posting is not intended to constitute an advertisement nor a solicitation.
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