MALICIOUS MISCHIEF
Cal. PEN § 602.3
California Statutes
(
a) A lodger who is subject to
Section 1946.5 of the Civil Code and who remains on the premises of an owner-occupied dwelling unit after receipt of a notice terminating the hiring, and expiration of the notice period, provided in
Section 1946.5 of the Civil Code is guilty of an infraction and may, pursuant to
Section 837, be arrested for the offense by the owner, or in the event the owner is represented by a court-appointed conservator, executor, or administrator, by the owner’s representative. Notwithstanding
Section 853.5, the requirement of that
section for release upon a written promise to appear shall not preclude an assisting peace officer from removing the person from the owner-occupied dwelling unit. (
b) The removal of a lodger from a dwelling unit by the owner pursuant to subdivision (
a) is not a forcible entry under the provisions of
Section of the Code of Civil Procedure and shall not be a basis for civil liability under that section. (
c) Chapter 5 (commencing with
Section 1980) of Title of Part of Division of the Civil Code applies to any personal property of the lodger which remains on the premises following the lodger’s removal from the premises pursuant to this section. (
d) Nothing in this
section shall be construed to limit the owner’s right to have a lodger removed under other provisions of law. (
e) Except as provided in subdivision (b), nothing in this
section shall be construed to limit or affect in any way any cause of action an owner or lodger may have for damages for any breach of the contract of the parties respecting the lodging. (
f) 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.