What's the 30-day rule?

Civil Code §1940 distinguishes transient occupants from tenants. Stays of 30 or more consecutive days at a hotel, motel, or similar lodging start to create tenancy. The hotel can no longer just check the guest out — removal requires the same notice + UD framework as any other tenancy.

How do hotels prevent conversion?

Some hotels require checkout and re-check-in before day 30, others have written transient-occupancy agreements stating no tenancy intent. Courts look at conduct and totality, not just paperwork. Long-stay guests who pay weekly, receive mail, and treat the room as residence likely have tenancy.

What about residential hotels (SROs)?

Single-room occupancy hotels and residential hotels (Health & Safety §50519 framework, local SRO ordinances) have specific protections. San Francisco, LA, Oakland have substantial residential-hotel statutes. Conversion to non-residential use requires specific procedure and relocation.

What about short-term-rental platforms?

Airbnb/VRBO bookings of 30+ consecutive days face the same conversion risk. Some hosts cap nightly stays at 27–28 days to stay clearly transient. Multi-month corporate stays may need to be structured as month-to-month leases rather than as STR bookings.

What removal procedure applies after conversion?

Once the guest is a tenant, removal follows §1946 / §1946.1 / §1946.2 notice + CCP §1161 UD framework. Trying to do a hotel-style check-out against a long-stay guest is wrongful eviction with §789.3 exposure.

30-day threshold · §1940 framework

Transient or tenant. The 30-day line matters.

Stays of 30+ consecutive days start to create tenancy. Hotel can't just check the guest out. SRO/residential-hotel rules add local protection. STR hosts often cap below 30 days to stay clearly transient.

TL;DR

30 consecutive days starts tenancy. §1940 framework. SROs and residential hotels have additional protections (SF, LA, Oakland). STR cap below 30 days to stay clear. Once converted: UD procedure, no hotel-style checkout.

Short-Term Rentals
Houseguest vs Tenant

Common questions — transient vs tenant

Threshold?

30 consecutive days.

Hotels prevent?

Pre-30 checkout or written transient agreement.

SROs?

Local residential-hotel rules add protection.

STR platforms?

Cap below 30 days to stay clearly transient.

After conversion?

UD procedure, not hotel checkout.