San Diego, CA asked in Landlord - Tenant for California

Q: Do I Need To Give My Lodger A Key To The House?

I live in a single family home in California and I rent a room to a friend (legally known as a "lodger") on a monthly basis and although someone is always home, he has recently asked me for a key to the house. I feel he is justified in asking me this but I am apprehensive about giving him one. I believe he is honest and we have a good relationship but I'm always concerned about safety issues after he moves out. Is he legally entitled to a key to the house? I imagine the correct thing to do would be - give him a key to the house and then after he leaves, change the locks but our budget is so tight it twangs and every new expense makes me cringe. Lol.

Related Topics:
2 Lawyer Answers

A: Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

The term "lodger" applies more to hotel guests and the like who stay a very short period of time. If he pays you rent on a monthly basis, he is a month-to-month tenant. To answer your question, it is customary for a tenant to have a key to the premises. That said, safety is very important. If you have any reason to believe your tenant causes a safety concern, you should give him 30-day notice and terminate his tenancy. Be sure to consult your attorney to protect your legal rights.

A: Yes, you should give him a key to the ouse. A lodger is a person who lives in a room in a house where the owner lives and the owner can enter all areas occupied by the lodger and has overall control of the house. Most lodgers have the rights of tenants.

However, if you as the owner of the house have only one lodger and there are no other lodgers, then you can evict the lodger without using formal eviction proceedings. You would give the lodger a 30-day notice that the lodger cannot continue to use the room. After you give the lodger proper notice and the time has expired, the lodger has no further right to remain in your house and may be removed as a trespasser.

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.