Right of lodger to have visitors

[ArtZ]

Hi,

I am helping someone create a lodger agreement for renting out a room in her California home.

The owner suggested that it is preferred that the lodger not be given rights to receive guests. This would include both overnight and short time, non-overnight visitors.

Is it legal in California to restrict a lodger from receiving guests in any form at the owner's house?

Any guidance would be appreciated.

Thanks,

Art

[AFFA]

Re: Right of lodger to have visitors

I wish to inform you that lodger can restrict visitors if that is a condition when he had provided premises. If no condition is provided then lodger cannot restrict guest. When premises is provided at that time the conditions agreed between parties will have to be followed.

AFF

[Friend In Court]

Re: Right of lodger to have visitors

The rights of a lodger depend upon whether or not that person is the sole lodger in the home, the only other resident the owner. The owner should set out the house rules and as long as this restriction is in the agreement, it should be clear to both.

Cal. Civ. Code Sect. 1940(8) grants the owner-resident the right to enter all rooms in the premises, including the lodger's room. This should be set out as well so a prospective lodger can decide whether they want to live under those circumstances or not.

Further, if a lodger is the sole lodger, the owner may give 30 days notice such as for non payment of rent and if the person does not pay up or leave, the lodger may be evicted without formal eviction proceedings, and removed as a trespasser; Cal Civ. Code Section 1946.5, Cal. Penal Code Sect. 602.3.

[ArtZ]

Re: Right of lodger to have visitors

Hi AFF/Friend in Court,

Thanks for your reponses. In this case, the lodger is the sole lodger.

So to confirm that if in the Rental Agreement the statement: "Lodger will not have guests on Premises without prior written permission of Landlord" is legal in California provided the Lodger signs the Rental Agreement and agrees to this rule? Correct?

Thanks,

ArtZ