How to Evict Roommate Not on Lease in California
Living with a roommate in California can be challenging, especially when the relationship turns sour. In California, evicting a roommate who isn’t on the lease presents unique legal challenges. This guide will help you understand your options under California law when dealing with an unwanted roommate.
Introduction
In California, removing a roommate who isn’t on your rental agreement requires understanding their legal status first. Whether they’re considered a subtenant, licensee, or guest affects the eviction process you’ll need to follow, and this is often outlined in the lease or rental agreement. This article walks you through the legal pathways to properly evict someone from your home while protecting yourself under California law.
Understanding Your Roommate’s Status
Before starting the eviction process, you need to determine your roommate’s status:
- Co-tenant: If your landlord knows about them and accepts rent directly from them
- Subtenant: If you’re the master tenant and they pay rent to you
- Licensee: If they have permission to stay but no formal agreement
- Guest: If they were temporarily staying but have overstayed their welcome
If your roommate signed a written sublease agreement, you will need to follow specific legal procedures to evict them.
Each category follows different rules for removal under California law.
Reviewing the Rental Agreement and Communicating with Your Roommate
Before diving into the eviction process, it’s crucial to review your rental agreement or lease. This document outlines the terms and conditions of your roommate’s tenancy and can significantly impact the steps you need to take.
First, determine your roommate’s status. Are they a co-tenant, subtenant, or an unlisted occupant? If they are a co-tenant, the landlord may need to follow specific procedures outlined in the rental agreement or California law. For subtenants, the master tenant (you) is responsible for terminating the subtenancy, which may involve a separate court action.
Reviewing the rental agreement can also help you understand if your roommate has paid rent and how much. This information is vital as it can influence the eviction process. For instance, if your roommate has been paying rent, you may need to provide a longer notice period.
Communication is key in resolving disputes and potentially avoiding an eviction lawsuit. Open and honest discussions about issues like paying rent, property damage, or other breaches of the rental agreement can sometimes resolve conflicts without legal action. If your roommate is unwilling to communicate or resolve the issues, you may need to provide a written notice, such as a 30-day or 60-day notice to quit, depending on the circumstances.
The notice period and filing fee for an eviction lawsuit can vary based on the situation and California law. If your roommate refuses to vacate after receiving the notice, you may need to file an eviction lawsuit and attend a court hearing, where a judge will rule on the case. Understanding these steps and preparing accordingly can help you navigate the eviction process more smoothly.
Legal Options for Eviction in California
1. When You’re Both on the Lease
If you and your roommate both signed the lease or rental agreement, you cannot evict them yourself. Only the landlord can initiate an eviction lawsuit against a co-tenant, and typically only for legal reasons like:
- Failure to pay rent
- Violation of lease terms
- Illegal activity on the property
- Expiration of lease with proper notice
In rent-controlled cities like San Francisco or Los Angeles, the landlord must have a “just cause“ to evict tenants. In such cases, eviction lawsuits can become complex and require thorough documentation and legal grounds.
2. When Your Roommate Is Not on the Lease
If your roommate isn’t on the lease but you are the master tenant, you effectively become their “landlord.” This means:
- You must follow proper eviction notice procedures
- You cannot change locks or remove belongings without a court order
- You must have legal grounds to evict them
The Step-by-Step Eviction Process
Step 1: Provide Written Notice
First, serve an eviction notice to your roommate:
- 30-day notice period for tenancy less than a year
- 60-day notice for tenancy over a year
- 3-day notice for serious violations (illegal activity, threats, property damage)
The notice must clearly state the termination date and reason for eviction.
Step 2: File an Unlawful Detainer
If your roommate doesn’t vacate after the notice period:
- File an “unlawful detainer” lawsuit with your local court
- Pay the filing fee (typically $240-$450 in California)
- Have the roommate “served” with the lawsuit paperwork
- Wait for them to respond (they have 5 court days)
Step 3: Attend the Court Hearing
If your roommate contests the eviction:
- A court date will be set (usually within 20 days)
- Present your evidence at the court hearing
- If the judge rules in your favor, you’ll receive a “Writ of Possession”
Eviction lawsuits can be contested, requiring you to present your case in court.
Step 4: Enforcement by Sheriff
Only after winning your eviction case and obtaining a court order:
- The sheriff will post a notice giving your roommate 5 days to leave
- If they still don’t leave, the sheriff will return to remove them
- Never attempt to physically remove the roommate yourself—this is illegal
FAQs About Evicting Roommates in California
Q: Can I just change the locks when my roommate is out?
A: No. “Self-help” evictions are illegal in California and can result in you owing damages to your roommate.
Q: What if my roommate hasn’t paid rent for months?
A: Document all missed payments. This strengthens your case when you file an unlawful detainer for failure to pay rent.
Q: Do I need an attorney for this process?
A: While not required, an attorney familiar with California housing law can significantly improve your chances of success, especially in complicated cases.
Q: How long does the entire eviction process take?
A: From initial notice to sheriff enforcement, the process typically takes 45-90 days, depending on whether the roommate contests the eviction.
Q: What if I’m not on the lease either?
A: If neither you nor your roommate are on the lease, you have limited options. The actual tenant or landlord would need to handle the eviction process.
Q: What should be included in an eviction notice?
A: An eviction notice must clearly state the reasons for eviction, include a deadline for compliance, and adhere strictly to legal requirements to avoid dismissal by a judge.
Did You Know?
- California has some of the strongest tenant protection laws in the country
- In some cities with rent control, even non-lease roommates may have substantial rights after establishing tenancy
- Many legal aid organizations offer low-cost or free assistance with housing issues
- Mediation services can sometimes resolve roommate disputes without going to court
- The eviction of a roommate can potentially affect your relationship with your landlord and your own tenancy
- If your roommate signed a written sublease agreement, they may have specific rights and protections under California law
When to Seek Legal Help
Consider consulting with a housing rights attorney or legal aid organization if:
- Your lease explicitly prohibits additional people living in the unit
- Your landlord threatens your tenancy because of your roommate
- Your roommate claims tenant rights under local ordinances
- You’re unsure about the proper notice requirements in your specific city
- The roommate has lived with you for an extended period (establishing stronger rights)
Remember that California housing law is complex and varies by city and county. Taking the time to understand the specific rules that apply to your situation will help you avoid costly mistakes during the eviction process. Legal assistance can be crucial in navigating eviction lawsuits and ensuring compliance with California law.
- A.S.
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