I am the owner of a home in Fremont, California. It is not a condo or
a duplex, but a regular unattatched tract-home, like the the
Cunningham's had on Happy Days.

I live in this home and I rent out a bedroom to a man. The man moved
in on the 8th his first month here, which was October 2003. I never
agreed to prorate his rent on that first month, and he agreed to paid
me the full rent for that October, as he has for every month since.
Now that he is moving out, he claims I said I would prorate him that
first October, which I never did. My question is this: Does California
Real-Estate Law proscribe a proration in an owner-occupied home,
bedroom-renting situation, or is this at my discretion? I really need
to know the LAW.

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Clarification of Question by mattison2005-ga on 28 Dec 2004 13:53 PST

In addition, city rent-control ordinances often and do overide state
law. The city of Fremont happens to be very conservative here, more
frequently favoring property (landlord) rights, than tenant rights. If
the City of Fremont had such a stipulation here, just as would be the
case in powerful pro-tenant cities such as Berkely and Santa Monica,
California, it would overide any data one found on California Law.

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Clarification of Question by mattison2005-ga on 28 Dec 2004 13:58 PST

If it turns out that either state law or city rent control ordinace
provide for this proration, would the fact we agreed to NOT prorate,
and that I have a written contract with his signature, showing he paid
me the FULL rent for the dates of 1 OCTOBER 03 -- 31 OCTOBER 03, and
agreed to the rental terms overide the law or ordinace?

You might find an answer here: 

http://www.dca.ca.gov/legal/landlordbook/

You might give Fremont Fair Housing and Landlord/Tenant Services a call.

Fremont Fair Housing and Landlord/Tenant Services 
39155 Liberty Street, Suite D440  
Fremont, CA 94538-1513 
Tel: 510-574-2270 
Fax: 510-574-2275