Room Rental Agreement in California

For renting a room in a home, including your own home. Some states treat a renter in the owner's home (a lodger) differently when ending the arrangement — see your state's household rules.

What California law says

Renting a room in your own home (lodgers)	A 'lodger' is a person who contracts with the owner for a room (or room and board) in the owner's own occupied home, where the owner keeps access to and overall control of the home. If only one lodger lives there, either side may end a periodic arrangement with written notice given as far in advance as Civil Code § 1946 requires for ending a periodic hiring (generally at least the length of the rental period, up to 30 days); once the notice expires the lodger's right to stay ends, and a lodger who stays is guilty of an infraction and can be removed with a peace officer's help without an eviction suit (Penal Code § 602.3). Applies only to owner-occupied homes with a single lodger. With two or more lodgers, the court eviction process applies. Property left behind is handled under Civil Code § 1980 et seq. Penal Code § 602.3: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN&sectionNum=602.3 Source: Cal. Civ. Code § 1946.5; Cal. Penal Code § 602.3
Tenancy at will	A tenancy or other estate at will, however created, may be ended by the landlord giving the tenant written notice, served as required for eviction notices (Code Civ. Proc. § 1162), to leave within a period of not less than 30 days stated in the notice. Month-to-month and other periodic tenancies follow separate notice rules (Civ. Code §§ 1946, 1946.1). Source: Cal. Civ. Code § 789

Renting a room in your own home (lodgers)

A 'lodger' is a person who contracts with the owner for a room (or room and board) in the owner's own occupied home, where the owner keeps access to and overall control of the home. If only one lodger lives there, either side may end a periodic arrangement with written notice given as far in advance as Civil Code § 1946 requires for ending a periodic hiring (generally at least the length of the rental period, up to 30 days); once the notice expires the lodger's right to stay ends, and a lodger who stays is guilty of an infraction and can be removed with a peace officer's help without an eviction suit (Penal Code § 602.3).

Applies only to owner-occupied homes with a single lodger. With two or more lodgers, the court eviction process applies. Property left behind is handled under Civil Code § 1980 et seq. Penal Code § 602.3: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN&sectionNum=602.3

Source: Cal. Civ. Code § 1946.5; Cal. Penal Code § 602.3

Tenancy at will

A tenancy or other estate at will, however created, may be ended by the landlord giving the tenant written notice, served as required for eviction notices (Code Civ. Proc. § 1162), to leave within a period of not less than 30 days stated in the notice.

Month-to-month and other periodic tenancies follow separate notice rules (Civ. Code §§ 1946, 1946.1).

Source: Cal. Civ. Code § 789

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ROOM RENTAL AGREEMENT

Owner/landlord: [owner name] Renter: [renter name]

Room: [room description] in the home at [home address]. Shared areas the renter may use: [shared areas].

Term: begins [start date]; [ends on end date / continues month to month].

Rent: $[monthly rent] due on [due day] by [payment method]. Deposit: $[deposit amount].

Utilities included: [utilities included]. House rules: [house rules, e.g. guests, kitchen use, smoking].

Ending the agreement: either side gives at least [notice period] written notice, and never less than state law requires.

Signatures and dates: [signatures]

Room Rental Agreement for other states · California tenant rights

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.