Cal. Civ. Code § 1946.5
California Civil Code
Operative Text
(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.
Cal. Civ. Code § 1946.5 governs the specific relationship between a homeowner and a single lodger renting a room within the owner's own residence. Under this provision, either party can end the arrangement by providing written notice—delivered in a legally specified manner—at least as far in advance as required by Section 1946 (generally matching the rental period). Once that notice period expires, the lodger's right to remain ends automatically by operation of law, and the owner may remove the lodger through a streamlined process under Penal Code § 602.3 rather than a standard eviction proceeding. This section applies only where one lodger lives in an owner-occupied unit and the owner retains access and overall control of the dwelling.
Plain English — not legal advice.
Under Cal. Civ. Code § 1946.5, an owner-occupant who rents to a single lodger generally ensures that any termination notice is in writing, delivered by a method specified in CCP § 1162 or by certified or registered mail with restricted delivery and return receipt requested, and given with at least the advance notice required by Section 1946. Compliant operators keep records of how and when notice was delivered, since proper service is a prerequisite to using the Penal Code § 602.3 removal process. Because this section applies only to single-lodger, owner-occupied arrangements where the owner retains overall control and access, owners with multiple lodgers or absentee ownership situations should be aware that different legal frameworks may govern those relationships.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Cal. Civ. Code § 1946.5 defines the rights of a lodger—someone renting a room in a home personally occupied by the owner—and sets out the notice requirements that must be met before a tenancy can be terminated. If a lodger believes proper written notice was not delivered in the manner required by the statute, that procedural deficiency may be relevant to any removal proceeding under Penal Code § 602.3. Lodgers who have questions about whether § 1946.5 applies to their situation, or who believe notice requirements were not followed, may find it helpful to contact a local tenant-rights organization or a legal aid office familiar with California housing law.
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 11, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
References Out
No outbound references recorded yet for this provision.
References In
Rules and statutes that cite this regulation