How To Evict a Roommate in California

Updated 12/04/24

Evicting a roommate in California can be a challenging process, especially if the person refuses to leave. Whether you’re dealing with a roommate not listed on the lease, a subtenant who stopped paying rent, or a co-tenant who has violated the terms of the agreement, understanding California’s specific roommate eviction laws is key. In this guide, we’ll explore actionable steps you can take to handle this situation legally and effectively. From reviewing the lease agreement to navigating the court process, this article will provide landlords and tenants with clear information about how to evict a roommate in California.

Table of Contents

1. Understanding Roommate Laws in California
2. Review the Lease Agreement
3. Communicating with Your Roommate
4. Providing the Appropriate Eviction Notice
5. Filing an Unlawful Detainer Lawsuit
6. Attending the Court Hearing
7. Enforcing the Eviction
8. Frequently Asked Questions

Understanding Roommate Laws in California

Roommate laws in California can vary depending on the nature of the agreement between you and the roommate. The eviction process hinges on the legal status of the roommate: are they a co-tenant, subtenant, or an unlisted occupant?

• Co-tenant: If your roommate signed the lease with you, they have equal rights to the property. Evicting them often requires coordination with the landlord.
• Subtenant: If you’re the primary leaseholder and the roommate rents from you, they are considered a subtenant, and you act as their landlord. This makes eviction easier to manage independently.
• Unlisted occupant: If the roommate is not on the lease, the situation may involve trespassing laws or informal agreements, which can complicate the eviction process.

Understanding these distinctions is crucial for determining how to proceed.

Review the Lease Agreement

Before starting any eviction process, thoroughly review your lease or rental agreement. The lease can clarify:

• If your roommate is officially listed as a co-tenant.
• Specific terms regarding subleasing or adding unauthorized occupants.
• Rules governing shared living spaces.

If the roommate is a subtenant or unlisted occupant, you may have greater authority to initiate the eviction. However, a co-tenant’s eviction may require landlord involvement and adherence to California tenancy laws.

Communicating with Your Roommate

The first step in resolving roommate disputes is open communication. Discuss the situation calmly, explaining your reasons for wanting them to leave. Reasons might include:

• Non-payment of rent.
• Violation of house rules.
• Unacceptable behavior disrupting the household.

In some cases, providing a clear timeline for them to vacate voluntarily can prevent the need for legal action. Document all communication in case the situation escalates.

Providing the Appropriate Eviction Notice

If your roommate refuses to leave after discussing the issue, you’ll need to serve them with a written eviction notice. The type of notice you provide depends on the circumstances:

• 3-Day Notice to Pay Rent or Quit: Use this if the roommate is a subtenant who hasn’t paid rent.
• 30-Day or 60-Day Notice: For month-to-month agreements, provide a 30-day notice if they’ve lived in the property for less than a year, or a 60-day notice if they’ve stayed longer.
• Notice to Vacate for Unlisted Occupants: For roommates not on the lease, use a general notice to vacate as the first step.

The notice should clearly state the reasons for eviction, a deadline to comply, and any potential consequences. Keep a copy of the notice for your records.

Filing an Unlawful Detainer Lawsuit

If the notice period expires and your roommate still hasn’t moved out, the next step is to file an unlawful detainer lawsuit. This legal action formally begins the eviction process.

1. File the lawsuit: Go to your local courthouse and submit the necessary paperwork. Pay the filing fee and obtain a court date.
2. Serve the papers: Ensure the roommate receives the lawsuit documentation, ideally through a professional process server or sheriff.
3. Prepare for the hearing: Collect all evidence, including the lease agreement, copies of notices, and any correspondence showing why eviction is necessary.

Attending the Court Hearing

During the court hearing, you’ll need to present your case. Provide documentation to support your claims, including:

• A copy of the lease agreement.
• Proof of written notices served to the roommate.
• Evidence of rent arrears or rule violations, if applicable.

If the judge rules in your favor, a judgment for possession will be issued, legally granting you the right to evict the roommate.

Enforcing the Eviction

Even after a court ruling, the roommate may refuse to leave. If this happens, obtain a Writ of Possession from the court. This document allows the local sheriff to remove the roommate from the property.

Important: Do not attempt to evict the roommate yourself by changing locks, removing their belongings, or using intimidation. Self-help eviction methods are illegal in California and can result in fines or lawsuits.

Frequently Asked Questions

1. Can I evict a roommate not on the lease in California?
Yes, you can evict a roommate not listed on the lease. Start by serving a notice to vacate. If they don’t comply, file an unlawful detainer lawsuit to legally remove them.

2. What if my roommate refuses to pay rent?
You can issue a 3-Day Notice to Pay Rent or Quit if your roommate is a subtenant. If they fail to pay, you can proceed with filing an eviction lawsuit.

3. How long does it take to evict a roommate in California?
The process can take anywhere from a few weeks to a few months, depending on how quickly notices are served, court dates are scheduled, and whether the roommate contests the eviction.

Final Thoughts

Evicting a roommate in California is a process that requires patience, legal compliance, and clear documentation. By following the steps outlined in this guide, you can protect your rights and property while navigating this challenging situation effectively.