California room rental agreement: what the law requires

A room rental agreement in California follows regular tenant law unless the owner lives in the home and rents to only one person. That setup falls under the single-lodger rule in Civil Code 1946.5, which lets the owner end the stay with written notice and have the lodger removed once the notice runs out. Deposits are capped at one month's rent for most landlords, and the balance is due back within 21 days of move-out.

What is the single-lodger rule in California?

Civil Code 1946.5 defines a lodger as a person who rents “a room or room and board within the dwelling unit personally occupied by the owner.” Two facts have to be true. The owner must live in the home, and only one lodger can live there. The section says it “applies only to owner-occupied dwellings where a single lodger resides.”

Either side can end the arrangement by giving the other written notice. The notice has to be at least as long as the period Civil Code 1946 requires, which for a lodger who pays monthly is 30 days. When the notice period ends, the lodger's right to stay “is terminated by operation of law.”

Penal Code 602.3 backs this up. A lodger who stays after the notice period expires is guilty of an infraction, and the owner can get a peace officer's help to remove the lodger. That route is separate from the unlawful detainer lawsuit a regular tenant is entitled to, and it is available only when every condition of Civil Code 1946.5 is met.

When do regular tenant protections apply to a room renter in California?

The lodger rule is narrow. Once a second lodger moves in, the owner moves out, or someone other than the owner rents out the room, the renter is treated as a tenant. The owner then has to use the unlawful detainer process in court to remove the renter, and the landlord notice periods in Civil Code 1946.1 apply.

California's statewide just cause law, Civil Code 1946.2, generally protects tenants who have lived in a unit for 12 months. It has two exemptions that fit many room rentals. The first covers a tenant who “shares bathroom or kitchen facilities with the owner who maintains their principal residence at the residential real property.” The second covers a single-family home in which “the owner-occupant rents or leases no more than two units or bedrooms.” A room renter in either setting still has notice rights, but the owner does not need one of the listed just causes to end the tenancy.

Cities can add their own rules. Several California cities have local rent and eviction ordinances that reach further than state law, so an owner renting a room should check the city code before relying on an exemption.

How much notice ends a room rental in California?

For a lodger under Civil Code 1946.5, the notice ties back to Civil Code 1946. That section lets either party end a month-to-month hiring with “at least 30 days' written notice thereof at any time.” For a shorter rental period, such as week to week, the notice must be as long as the period itself. The parties can also agree, when the arrangement starts, to a notice period of at least seven days.

For a room renter who counts as a tenant, the owner follows Civil Code 1946.1. The owner gives at least 60 days' notice if the tenant has lived there one year or more, and at least 30 days' notice if the tenant has lived there less than one year. A tenant who wants to leave gives notice at least as long as one rental period, which is one month for a monthly rental.

Put the notice in writing either way. Each of these sections calls for written notice, and a dated copy settles later arguments about when the clock started.

How much can a California landlord charge for a room rental deposit?

Civil Code 1950.5 bars a landlord from collecting security “in an amount or value in excess of an amount equal to one month's rent.” That is the ceiling for most landlords, including homeowners who rent a single room.

Small landlords get more room. A landlord who is a natural person, or a limited liability company made up of natural persons, and who owns no more than two residential rental properties with no more than four units in total, may collect up to two months' rent. That exception does not apply when the renter is a service member.

The deposit amount belongs in the written agreement, along with what the deposit may be used for. Common deductions include unpaid rent, cleaning, and repair of damage beyond ordinary wear and tear.

When must a California landlord return a room renter's deposit?

The landlord must send an itemized statement and return any remaining balance “no later than 21 calendar days after the tenant has vacated the premises.” For repair or cleaning deductions, the statement must include “copies of documents showing charges incurred and deducted by the landlord to repair or clean the premises.”

The renter also has a right to an initial inspection before moving out. The renter can ask for it “at a reasonable time, but no earlier than two weeks before the termination or the end of lease date,” and the landlord gives at least 48 hours' notice of the inspection. The landlord then gives the renter an itemized list of proposed deductions, which leaves time to fix problems before the final walk-through.

These rules protect both sides. The renter learns about charges early, and the landlord has a paper trail if a deduction is challenged in small claims court.

What should a California room rental agreement include?

A clear agreement heads off most room rental disputes. At a minimum, it should name the owner and the renter, identify the specific room, and list the shared spaces the renter may use, such as the kitchen, bathroom, laundry area, and parking.

It should state the rent, the due date, how rent is paid, and a deposit amount within the Civil Code 1950.5 limit. It should also say whether utilities are included or split, and how the split works.

Because the lodger rule turns on facts, the agreement should state whether the owner lives in the home and whether the renter is the only lodger. It should set the notice period for ending the arrangement and confirm that notice must be in writing.

House rules round it out: guests and overnight stays, quiet hours, cleaning of shared areas, smoking, pets, and when the owner may enter the renter's room. Rules written into the signed agreement are easier to enforce than rules announced after move-in.

Sources

• California Civil Code 1946.5 (lodgers)
• California Civil Code 1946 (notice to end a tenancy)
• California Civil Code 1946.1 (landlord notice periods)
• California Civil Code 1946.2 (just cause and exemptions)
• California Civil Code 1950.5 (security deposits)
• California Penal Code 602.3 (lodger removal)