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Hello, I am the sole leaseholder (a one year lease that has now moved to month to month) with my landlord in a rent controlled building in Los Angeles. Last October I allowed a new roommate to move in (he and I are the only people in the apartment), the roommate has no lease or contract with me other than a verbal agreement for him to stay month to month. My landlord was notified and made no objection to his moving in. I am no longer interested in living with this person and would like him to move out. I have read in the code of California about lodgers, but everything refers to their relationship to owners, the code is pasted below. My question is, in this situation where he is the only lodger in the apartment in which I live and am the leaseholder, am I considered the 'Owner' as stated in the code? Does he have the rights of a normal tenant in a rent controlled building, or can I give him 30 days notice without reason and remove him as a trespasser when that time expires?
Obviously I'd hope that he move out willingly, but would like to know before I ask him to leave.
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.
Rent control laws, roommate situation..... I suggest you talk to a renting specialist lawyer. No one who isn't really familiar with LA rent control laws is going to be able to offer much advice.
If we put the rent control issue to the side for the moment, according to the code I quoted, is he considered my lodger even though I have a lease with someone else and do not own the building itself?
I can not answer your specific question, but when you do research this, be sure to look into the relocation money that the renter can get when he is evicted due to no fault of his (e.g. at fault is not paying rent, doing something illegal, etc.) That relocation money that the renter may be required to get must be paid by someone--either you or your landlord. And since he is not on the landlords paperwork, does it come from you?
In LA rent controlled buildings, the relocation money is a tenant RIGHT. So, if you call rent control board, ask them this while you have them on the line. And I would just call the office for the rent control board, not an attorney at this point in time.
If we put the rent control issue to the side for the moment, according to the code I quoted, is he considered my lodger even though I have a lease with someone else and do not own the building itself?
No, this code does not apply to you. It's specifically for owner-occupied buildings. And you are not the owner.
I did a bunch of research on your question, and my conclusion is that you can't just kick out your sub-tenant.
When you sublet, you become a landlord to the sub-tenant. The law in LA regarding rent stabilization simply say that all tenants in properties with rent control have certain rights, including the only reasons they can be evicted. In other words, your sub-tenant has the same rights as you, as a renter in a rent controlled property in LA.
You could call fair housing, or go to one of their counters to get free answers, though. I was an apartment manager, but not in a rent-controlled property, so I don't know those laws well.
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