I would like reference also. I googled and only found that lodger vs tenant difference is that landlord of a lodger can enter tenant room without advanced notice at any time, And that lodger does not sign a lease but just an agreement.
So, i wonder if it s not a lease the same laws apply also to a lodger?
http://www.nolo.com/legal-encyclopedia/short-term-rentals-your-home
http://www.nolo.com/legal-encyclopedia/lock-out-tenant-illegal-29799.html
You are totally totally wrong.
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Do you think it will be the same problem with a smart lock?
Easier to put a code that works for one date to an other date.
It might good if one of us joined this forum to ask our questions! (Lawyers appear ot be answering the questions. 
) Like any of us have time for another forum! 
http://boards.answers.findlaw.com/index.php/forum/104-landlord-tenant/
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Good idea. In the off season I have had several multi month reservations. So far without problems. My question would be. Since I require everyone to physically sign a rental agreement which, among other things specifies the arrival and departure dates, should I also specifically include that the agreement in no way confers residency? I have always assumed that after the agreed upon departure date they are trespassing and the cops would escort them out, same as a hotel or motel. Depends on the cops I guessā¦? That said, I would be filing on the day of departure, not negotiating with criminals.
Every case and post of yours deals with a self contained apartment, condo, house, etc. It doesnāt matter if they are there 2 days or 200. But in my case in renting a room for 1 to 5 nights I have control of the house. So if they get locked out or my internet stops workingā¦
Single lodger in a private residence
A lodger is a person who lives in a room in a house where the owner lives. The owner can enter all areas occupied by the lodger and has overall control of the house.9 Most lodgers have the same rights as tenants.10
However, in the case of a single lodger in a house where there are no other lodgers, the owner can evict the lodger without using formal eviction proceedings. The owner can give the lodger written notice that the lodger cannot continue to use the room. The amount of notice must be the same as the number of days between rent payments (for example, 30 days). (See āTenantās notice to end a periodic tenancyā.) When the owner has given the lodger proper notice and the time has expired, the lodger has no further right to remain in the ownerās house and may be removed as a trespasser.11
http://www.dca.ca.gov/publications/landlordbook/whois.shtml
lodger - a person who lives in a room in a house where the owner lives. The owner can enter all areas occupied by the lodger, and has overall control of the house.
tenant - a person who rents or leases a rental unit from a landlord. The tenant obtains the right to the exclusive use and possession of the rental unit during the lease or rental period.
http://www.dca.ca.gov/publications/landlordbook/glossary.shtml#lodger
Am I wrong?
I donāt know, none of us are attorneys and each state is different.
I saw this articleā¦ It would still seem like the definition of a lodger is a grey area in some places. My apartment is attached to my house. Why wouldnāt someone be considered a lodger here, or a tenant? I can say itās a room in my house with a separate entrance and the guest can say itās an apartment. Which is it?
Is a lodger like a roommate? Even with a roommate you need a lease agreement. A lodger isnāt a guest. A guest is a guest. Paying by the night. What laws cover the guest? I would wager it is a new area of the law. Short term guests who overstay.
If any person claiming they have the right to be there is entitled to due process then it can be an ordeal getting them out.
Thatās why I am thinking that it would be a good idea to ask an attorney on one of these forums if there is a distinct difference between lodger, guest and tenant. Anyone in these categories who stays past 30 days and can be converted to tenant is how I am reading these posts.
To me, you can still get in trouble with a ālodgerā if you get them overstaying, like the OP here does with āConnie.ā You could be stuck with them for 30 days minimum as you have to give them notice. What if the lodger claims she is now a tenant?
I hope she has given immediate notice!
Bottom line, anyone who rents over 30 days to Air guests without a signed lease agreement is crazy ā and-- playing Russian roulette.
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Noā¦ just read these forums with posts made by the unlawful detainer attorneys.
Cops donāt get involved in civil casesā¦ only in criminal trespassāa robbery or something.
If you are having them sign agreements, I would run it by a lawyer just to make sure you are totally covered.
@Lissicw what has happened with this? In the Palm Springs case, Cory was advised not to take any more payments because then it would bring the squatter ācurrentā and the process of eviction would have to start over. Can you ask the attorney if this guest is considered a LODGER, TENANT OR ROOMMATE under the law? There seems to be a difference of opinion here.
I really like this attorneys attitude: itās the cost of doing business. I think if you are relatively prudent chances are very small that you are going to get someone against whom you have to take legal action. Thereās really no reason to compare it to Russian roulette. You are in more danger of loss driving your car.
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Thereās a much smaller chance for it to happen to you in that you do home and room sharingā¦ but as we can see from the OP, that is exactly what she did and got a squatter.
We simply have to agree to have a difference of opinion here.
If you are going to rent out anything longer than 30 days, be prudent and get your agreement in writing. Get a lease agreement.
Even the ānicestā people can turn out EASILY to be not so nice. I have seen it myself at least three or four times with Air guests. They are strangers, period. Unpredictable. Even with good reviews, they can turn around and be kooks without the slightest warning. Itās kind of shocking when it happens but believe me you are all the wiser when it does.
You canāt leave ANY business transaction to chance. If you do you are asking for trouble.
Donāt rent longer than 30 days and you will greatly reduce the chances of the tenant/guest/renter/lodger (no matter how you want to define them) of squatting.
If you do want to do that, itās like driving your car without insurance. Because accidents hardly ever happen as we know.
Itās naive to think otherwise.
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Here are the details of a case in California of a squatter who rented a bedroom, not a whole house. I think that what most people here donāt understand is that California law is much more slanted to renters than pretty much anywhere else in the country.
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Hawaii tooā¦ which is why I donāt rent long term!
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oh dearā¦ This host took payments around the system after the reservation was up and didnāt protect herself with a lease agreement. Bad bad move.
We keep insurance against many things with a very small chance of happening. When they do happen, it carries a big cost, that some may not be able to bear.
Why put yourself in such a situation?
You can get a basic lease for free online customized to most jurisdictions. I was even able to find a nice one for Mumbai within a few seconds of searching. Fill in the blanks. Both parties sign. Notarize if needed. Call it a day.
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@EllenN Iām not trying to be argumentative but this is another case of a longer than 30 day rental and the dumb homeowner went cash under the table with no other lease being signed. @konacoconutz the OP agreed to rent for 3 months. What Iām interested in for obvious reasons is what the airbnb guestās standing will be in my guest room if they book for my max, 5 days, and then refuse to leave. Articles about people who 1) agreed to begin with to book for more than 30 days arenāt relevant to me regardless of what sort of rental they have. Also you had asked about if your room could be considered a room in the house just because it has a separate entrance. Iād think you need to have an entrance from the house into the rented room to say itās a room in the house. But like you, Iām not an attorney, I donāt play one on TV and I didnāt sleep in a Holiday Inn Express last night.
If someone runs across a story of a STR of less than 30 days who was only renting a room via the Airbnb system and overstayed and had to be evicted, please post a link.
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I have a traditional B&B owner friend who has used the police to remove guests who overstayed their contracted period.
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