(CA) Do I still need to give 60 days notice to vacate for 1+ year tenant if he moved into DIFFERENT room?

We rent two rooms of a single family home.  To my understanding, in CA, tenants of 1+ year are due 60 days notice to vacate (otherwise are due 30 days).  We did NOT have a severability clause in the original rental agreement so I treated like a new rental (though we never got around to having them sign a new agreement--this was all verbal).  Since the room and occupied premises changed, can I treat as new tenant in regards to vacate notice period?

Update:

To clarify, the exact room was specified in the original agreement.  For the past couple months they have been in a *different* room.

7 Answers

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  • 4 weeks ago

    Yes, you still need to give him a 60 day notice.

  • Flower
    Lv 7
    4 weeks ago

    I think the 60-day rule applies to private apartments, not rooms. You'd better check the law on the DRE website.

  • 4 weeks ago

    In my opinion, they have lived under the same roof for over 1 yr = they must be given 60 day notice.  I think it would be hard to convince a judge that moving to a different room in the same house reset the clock on that.

    You should double check with a local real estate lawyer versed in the nuances of CA lodger laws to make sure.

    Source(s): Landlord in Oregon and we have the same over 1 yr gets 60 day notice law. We don't have lodger laws here though.
  • 4 weeks ago

    Yes, if he has moved to a different room.

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  • Maxi
    Lv 7
    4 weeks ago

    Your landlord can end a periodic tenancy at any time and for any reason by giving the lodger 60 days advance written notice if they have rented the room for a year or longer. For occupancy periods less than one year, the notice period is 30 days.

    https://homeguides.sfgate.com/tenants-rights-renti...

  • 1 month ago

    there are some variations for room rentals...this may be 1 for the lawyers.... it may be hard to make a case that it was a different place of residence.

    I assume they had use of common areas (ie kitchen) and that didn't change

  • 1 month ago

    In California, if they are in your home and you are living in the home with them, they are a "lodger" not a renter.  But since you created a rental lease, you may have voided the benefits of that.  Your options are:

    a. provide them 60 days notice and when you do let the know they can leave early if they would like as long as they pay rent for the time they are there.

    b. talk to a real estate attorney to help you walk through this lodger/tenant/one room/other room situation you created. 

    • A Hunch
      Lv 7
      4 weeks agoReport

      The post is from the LL who wants the person to have fewer rights.  Thus the LL probably voided his rights by including rental terminology.  But also, it the contact said "renter" or "leaser", than what the person is called also changed.  However, who cares about what the person is called.

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