HELP -出租有麻煩 eviction

請大家幫忙， 非常感謝

我的2b condo。 出租一個房間給roommate另一間自己住。我給了30 day notice, due
on 15th. 現在情況是房客不交這半個月的房租。 她說我有deposit. 但合約 並沒有
說deposit可以 cover last month rent.  3 days to pay or quit 我也給她了。 
加州法律 有一下規定。可以不用file eviction with court.但我的問題是，#2. the 
owner must retain a right of Access to all areas of the dwelling and have 
overall control of the dwelling unit;   這個怎麽證明？ 合約裏並沒有類似字樣
。 合約就幾行， 很簡單，手寫的，我也隻有照片。  現在還有兩天我就要趕走她了，
可她一點不急， 也不找房子， 我不知道我是不是漏掉了什麽。 不想趕走她惹來更大
的麻煩。

Owner Occupied Dwelling – Single Lodger          
When specific conditions exist, the landlord can avoid bringing an Action 
for Unlawful Detaineragainst an occupant. Civil Code section 1946.5 became 
law in 1987 to assist the landlord in removing a lodger who resides with the
owner of the dwelling unit. However, for this Statute to apply, all of the 
following conditions must exist: 

1. the dwelling unit must also be occupied by the owner; 
2. the owner must retain a right of Access to all areas of the dwelling and 
have overall control of the dwelling unit; 
3. only one lodger residing in the unit. If there is more than one lodger, 
even a mother and child, the usual Unlawful Detainer Process must be 
followed; and 
4. the lodger must have contracted either for room, or room and board.

If all of the above conditions apply, Civil Code 1946.5 prescribes an 
expedited procedure to bring about the removal of the lodger. Either the 
landlord or lodger may terminate tenancy by serving written Notice of 
termination in the manner provided in CCP 1162 for the required term of 
Noticeprescribed in Civil Code 1946 and 1946.1. 

At the expiration of the required Notice period, the landlord is not 
required to File an Action for Unlawful Detainer against the lodger. If the 
lodger remains on the property, he/she can then be ordered to leave, and 
upon his refusal to do so, a private person's Arrest can be made for 
violation of Penal Code section 602.3 (an infraction). 

The private person's Arrest is the real key to the enforcement. The 
responding officer is not required to ensure that the owner has met all the 
particulars of the codes. That is the responsibility of the owner who bears 
the whole liability for the Arrest and facts supporting the arrest. After 
lawfully receiving the arrestee, the officer may cite release under Penal 
Code 853.5. The requirement for release upon a written promise to appear 
does not preclude the assisting peace officer from removing the Person from 
the dwelling unit.

In summary, if the situation involves a single lodger in an owner occupied 
dwelling the owner can make a private Person Arrest for PC 602.3 in lieu of 
proceeding through the eviction process.