Cal. Civ. Code § 1940
California Civil Code
Operative Text
(a) Except as provided in subdivision (b), this chapter shall apply to all persons who hire dwelling units located within this state including tenants, lessees, boarders, lodgers, and others, however denominated. (b) The term “persons who hire” shall not include a person who maintains either of the following: (1) Transient occupancy in a hotel, motel, residence club, or other facility when the transient occupancy is or would be subject to tax under Section 7280 of the Revenue and Taxation Code. The term “persons who hire” shall not include a person to whom this paragraph pertains if the person has not made valid payment for all room and other related charges owing as of the last day on which his or her occupancy is or would be subject to tax under Section 7280 of the Revenue and Taxation Code. (2) Occupancy at a hotel or motel where the innkeeper retains a right of access to and control of the dwelling unit and the hotel or motel provides or offers all of the following services to all of the residents: (A) Facilities for the safeguarding of personal property pursuant to Section 1860. (B) Central telephone service subject to tariffs covering the same filed with the California Public Utilities Commission. (C) Maid, mail, and room services. (D) Occupancy for periods of less than seven days. (E) Food service provided by a food establishment, as defined in Section 113780 of the Health and Safety Code, located on or adjacent to the premises of the hotel or motel and owned or operated by the innkeeper or owned or operated by a person or entity pursuant to a lease or similar relationship with the innkeeper or person or entity affiliated with the innkeeper. (c) “Dwelling unit” means a structure or the part of a structure that is used as a home, residence, or sleeping place by one person who maintains a household or by two or more persons who maintain a common household. (d) Nothing in this section shall be construed to limit the application of any provision of this chapter to tenancy in a dwelling unit unless the provision is so limited by its specific terms.
California Civil Code § 1940 establishes the scope of the state's residential tenancy laws by defining who qualifies as a person who 'hires' a dwelling unit. The chapter broadly covers tenants, lessees, boarders, lodgers, and similarly situated occupants of any dwelling unit in California. However, it carves out two categories of hotel and motel occupants — those subject to transient occupancy tax under Revenue and Taxation Code § 7280, and those staying at properties where the innkeeper retains access and control while providing a full suite of services including maid service, central telephone, food service, and stays of less than seven days. A 'dwelling unit' under this section means any structure or part of a structure used as a home, residence, or sleeping place by one or more persons maintaining a household.
Plain English — not legal advice.
Under Cal. Civ. Code § 1940, operators of traditional rental housing — apartments, houses, rooms, and similar dwelling units — are generally subject to California's residential tenancy chapter for all occupants, regardless of what label the arrangement carries. Operators of hotels or motels who wish to fall within the transient-occupancy or full-service innkeeper exemptions typically ensure their operations consistently meet each specific condition the statute enumerates, such as maintaining innkeeper access and control and offering all listed services to all residents. Property managers overseeing mixed-use or hybrid lodging arrangements often review whether each occupancy type meets or falls outside the § 1940 definitions before applying tenancy-law obligations.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Cal. Civ. Code § 1940 is the gateway provision that determines whether California's residential tenancy protections apply to a given living arrangement. If an occupant lives in a dwelling unit — a home, residence, or sleeping place where a household is maintained — they are generally covered by the chapter, even if the landlord uses a label like 'boarder' or 'lodger' rather than 'tenant.' Occupants who believe they are being misclassified as transient hotel guests to avoid tenancy protections may find it useful to review the specific conditions of the § 1940 exemptions, consult a local tenant-rights organization, or raise the applicability of the chapter's protections in any relevant proceeding.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 3, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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