California Rent Cap and Just Cause Evictions for House Hacking

Orange County, California
General Landlording & Rental Properties
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California Rent Cap and Just Cause Evictions for House Hacking

Alexandre Campino
Member since 2022 · 3 posts · 2 votes

Hi all,

I currently house hack my Southern California townhome. Renting a room to a friend. Unfortunately, the living situation has degraded to a point that I asked him to move out. He is not complying, so I am thinking of doing a 60 day notice to vacate. 

We never had a written contract, so under California law, he is month-to-month. I was reading under  Tenant Protection Act of 2019 that landlords and tenants that shared a kitchen or bathroom, residential homes built in the last 15 years and SFR or Condos not owned by corporations are exempt from these laws. Which means, I can rent increase as much as I would like and not have just cause for eviction. I also checked local city ordinances, and there are none.


I would like to ask the experts if my evaluation is correct and also if you have been in similar situation, what did you guys do?

Thank you,

Alex

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  • Peter MckernanBusiness Member
    Residential Real Estate Agent · Irvine, CA · Member since 2013 · 2k+ posts · 1k+ votes
    4y

    @Alexandre Campino yes, 60 notice to vacate the place, and/or increase the rent at the same time. Make sure if he does not sign it you have proof of delivery to this person and that he sees it. At that point start the clock. 

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  • David Friedman
    Property Manager · San Bernardino, CA · Member since 2014 · 473 posts · 238 votes
    3y

    You may still want to get an eviction attorney if this is your first time. If you don't give notices the proper way a professional squatter will get the notice kicked back in court and you'll have to start all over. The eviction attorney will pay for itself especially with all of the new rent control laws.

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  • Henry T.
    Member since 2022 · 1k+ posts · 1k+ votes
    3y

    Owner/roomate situation is different. Owner has the upper hand. He's gone. Still, do it correctly. Get a good eviction attorney, not a stupid one that doesn't know owner/roomate law. There's no negotiation, no arbitration hearing, he's gone, and a good attorney will get it done fairly quickly.

    First sit him down and tell him this..(fact)

    Tell him to leave or the judge will impose ALL OF THE COSTs on him.  He will also have an eviction on his record, never getting another place. And make sure you ask the judge for all those costs incurred. Expect $3k or so in attorney fees, sheriff, etc.

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