Cal. Civ. Code § 1940.1
California Civil Code
Operative Text
(a) No person may require an occupant of a residential hotel, as defined in Section 50519 of the Health and Safety Code, to move, or to check out and reregister, before the expiration of 30 days occupancy if a purpose is to have that occupant maintain transient occupancy status pursuant to paragraph (1) of subdivision (b) of Section 1940. Evidence that an occupant was required to check out and reregister shall create a rebuttable presumption, which shall affect solely the burden of producing evidence, of the purpose referred to in this subdivision. (b) In addition to any remedies provided by local ordinance, any violation of subdivision (a) is punishable by a civil penalty of five hundred dollars ($500). In any action brought pursuant to this section, the prevailing party shall be entitled to reasonable attorney’s fees. (c) Nothing in this section shall prevent a local governing body from establishing inspection authority or reporting or recordkeeping requirements to ensure compliance with this section.
California Civil Code § 1940.1 prohibits anyone from forcing a residential hotel occupant to move out or check out and re-register before 30 days of continuous stay have passed, when the purpose is to keep that person classified as a transient rather than a tenant with fuller legal protections. If an occupant is shown to have been required to check out and re-register, the law presumes that this prohibited purpose was at play, shifting the burden to the other side to rebut that inference. Violations can result in a $500 civil penalty, and the winning party in any lawsuit under this provision may recover reasonable attorney's fees.
Plain English — not legal advice.
Under Cal. Civ. Code § 1940.1, operators of residential hotels generally ensure that their check-out and re-registration policies are not structured in ways that reset occupancy periods to prevent guests from reaching 30-day tenant status. Compliant operators typically document legitimate, non-pretextual reasons for any early departure or re-registration requirement, since the statute creates a rebuttable presumption of improper purpose when such practices occur. Local ordinances may also impose additional inspection, reporting, or recordkeeping obligations alongside this provision.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Cal. Civ. Code § 1940.1 gives residential hotel occupants the right not to be forced out or cycled through check-out and re-registration before 30 days simply to keep them classified as transients. If you believe this has happened to you, the statute's rebuttable presumption means that documented evidence of a forced check-out and re-registration can shift the burden in a civil action, and a prevailing tenant may recover attorney's fees. Tenant-rights organizations and local rent boards can be useful starting points for understanding how this provision interacts with any applicable local ordinances.
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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