How To Evict A Roommate In California

Sharing an apartment can be a fantastic way to save money and build community, but what happens when the arrangement sours? Unfortunately, personality clashes, missed rent payments, or lease violations can create a situation where you need to ask your roommate to leave. Evicting a roommate in California can be a complex legal process, and failing to follow the correct procedures could land you in legal trouble yourself.

Whether you're the primary leaseholder or co-tenant, understanding your rights and responsibilities is crucial. Attempting to force someone out illegally can result in fines, lawsuits, and even criminal charges. Navigating the legal landscape surrounding eviction, especially in a roommate situation, requires careful attention to detail and adherence to California law. This guide provides a simplified overview, but it's always recommended to consult with a legal professional for personalized advice.

What are the key steps and legal considerations when evicting a roommate in California?

What notice is required to evict a roommate in California?

The notice required to evict a roommate in California depends on whether you have a lease agreement and whether you are both tenants with equal rights to the property. If you are the sole tenant and your roommate is considered a subtenant, you generally need to provide a 30-day notice to quit if they have lived there less than a year, or a 60-day notice if they have lived there for a year or more. However, if you are both co-tenants on the same lease agreement with the landlord, you typically cannot evict each other; only the landlord can evict both of you.

When you are the primary tenant and your roommate is your subtenant, you're essentially acting as their landlord. This means you must follow California eviction laws, including providing proper written notice before initiating eviction proceedings. The notice must clearly state the reason for the eviction (if applicable, like a violation of the subtenancy agreement) and the date by which the roommate must vacate the premises. Serving the notice correctly is critical. It must be served in person or, if that's not possible, by substituted service (leaving it with a responsible adult at the property and mailing a copy) or posting and mailing. If you and your roommate are co-tenants on the same lease, and you want them to leave, your options are limited. You cannot legally evict a co-tenant. Your best course of action would be to attempt to negotiate their departure, perhaps offering to help them find a new place or covering a portion of their moving expenses. If negotiation fails, you could discuss the situation with your landlord, who might be willing to terminate the entire lease, allowing everyone to leave. Alternatively, you could pursue mediation services to help resolve the conflict. Remember, illegally evicting a roommate can lead to serious legal repercussions.

If I'm the only one on the lease, how does that affect evicting my roommate?

If you are the only person on the lease, and your roommate is not on the lease, you are essentially their landlord, and they are your tenant or subtenant. This significantly simplifies the eviction process, as you don't need the landlord's permission to evict, and you can proceed directly with serving them proper notice to vacate according to California law.

Having your name as the only one on the lease grants you more control over the living situation, but you still must follow legal procedures to evict a roommate. You can't simply change the locks or throw their belongings out. Because your roommate isn't on the lease with the actual property owner, the landlord is not directly involved. Your roommate's tenancy likely falls into one of two categories: a fixed-term lease or a month-to-month tenancy. The type of tenancy determines the length of the notice you need to provide. For example, if they have lived there less than a year, you generally only need to provide a 30-day notice to vacate. California law requires that you provide proper written notice and follow specific eviction procedures. This usually involves serving a notice to vacate (often a 30-day or 60-day notice, depending on the length of the tenancy and local ordinances). If your roommate fails to leave after the notice period expires, you may need to file an unlawful detainer lawsuit in court. It’s important to follow these steps meticulously to avoid legal challenges from your roommate, which could delay the eviction process and potentially cost you money. Consulting with an attorney familiar with California landlord-tenant law is highly recommended to ensure you are complying with all applicable rules and regulations.

Can I legally evict a roommate for violating house rules?

Whether you can legally evict a roommate in California for violating house rules depends heavily on whether you are both on the lease (co-tenants) or if you are the primary tenant and they are your subtenant. If you are both on the lease, you likely cannot evict them; the landlord would need to take action. If you are the primary tenant and they are your subtenant, you may be able to evict them, but you must follow specific legal procedures, including providing proper written notice and potentially going to court.

As a primary tenant subletting to a roommate, you essentially become their landlord. This means you must abide by California's landlord-tenant laws. If your roommate violates a reasonable house rule outlined in your agreement (and that agreement doesn't violate any laws), you can start the eviction process. This typically involves providing a written notice to "cure or quit." This notice gives the roommate a certain timeframe (often 3 days, but could be longer depending on the violation and your agreement) to either fix the violation (cure) or leave the premises (quit). Examples of violations might include excessive noise, unauthorized guests, or damaging property. If your roommate fails to comply with the notice (doesn't fix the issue or move out), you cannot legally force them out yourself. Instead, you must file an unlawful detainer lawsuit (eviction lawsuit) in court. A judge will then decide whether the eviction is lawful. Trying to evict a roommate without following these legal procedures, such as changing the locks or removing their belongings, is illegal and could subject you to legal penalties. It’s highly advisable to consult with an attorney specializing in landlord-tenant law to ensure you comply with all applicable regulations. It's important to document all violations and communications with your roommate. Keep records of written notices, photos of any damage, and dates of specific incidents. This documentation will be crucial if you need to proceed with an eviction lawsuit. Also, review your original lease agreement with the landlord, as it may contain clauses that affect your ability to sublet or evict a roommate.

What are the steps if my roommate refuses to leave after the notice period?

If your roommate refuses to leave after the notice period in California, you generally cannot forcibly remove them yourself. You'll need to pursue a formal eviction process through the courts. This usually involves filing an unlawful detainer lawsuit.

Even if you've given proper notice, changing the locks, removing their belongings, or otherwise physically forcing your roommate out is illegal and could expose you to legal repercussions. California law protects tenants, including roommates, and requires a court order for lawful eviction. The unlawful detainer lawsuit is a specific legal action designed to regain possession of your property. This process starts with serving your roommate with a summons and complaint outlining the reasons for the eviction and the required response timeframe. If your roommate doesn't respond to the lawsuit or fails to appear in court, you can obtain a default judgment, which allows the sheriff to legally remove them from the premises. If your roommate does respond and contests the eviction, the case will proceed to trial where you will need to present evidence supporting your claim that they are no longer entitled to reside at the property. Successfully navigating this legal process often requires consulting with an attorney familiar with California landlord-tenant law to ensure you are following all procedures correctly and maximizing your chances of a favorable outcome.

Does it matter if we have a written roommate agreement?

Yes, a written roommate agreement matters significantly when evicting a roommate in California. While it doesn't override landlord-tenant laws, it clarifies expectations and procedures regarding the tenancy, potentially simplifying the eviction process if the roommate is also a tenant or subtenant. Without a written agreement, eviction can be more complex, relying heavily on verbal agreements and proving breaches of those agreements.

A written roommate agreement is crucial because it outlines each roommate's responsibilities, including rent payment schedules, utility sharing, noise levels, cleaning duties, and acceptable guest policies. In the context of eviction, a clearly defined agreement provides documented evidence of what constitutes a violation of the terms of the living arrangement. This documentation is extremely valuable when seeking legal recourse if the roommate refuses to leave after being asked, particularly if the roommate is considered a tenant or subtenant. It provides a clear roadmap of the agreed-upon rules and expectations. The absence of a written agreement leaves room for ambiguity and disputes. If you need to evict a roommate without a written agreement, you'll likely have to rely on demonstrating a breach of verbal agreements, which can be challenging to prove in court. Furthermore, determining whether the roommate is a tenant, subtenant, or merely a guest becomes significantly more difficult, impacting the type of notice required and the eviction procedures that must be followed. It is always best practice to have a written agreement with all roommates to protect your rights and streamline any potential eviction process. Here's an example of some useful elements to include in a roommate agreement:

Can I change the locks if I've given proper eviction notice?

No, absolutely not. Even after providing proper eviction notice to a roommate in California, you cannot change the locks until the legal eviction process is complete and a court order has been issued and enforced by law enforcement. Changing the locks prematurely is considered an illegal eviction and can expose you to significant legal and financial penalties.

After serving the proper eviction notice (either a 3-day notice to pay rent or quit, a 30-day notice, or a 60-day notice depending on the circumstances), you must then file an unlawful detainer lawsuit in court if your roommate doesn't move out. The court will then hear the case and, if you prevail, issue a writ of possession. Only after obtaining this writ of possession can you have a law enforcement officer (usually a sheriff) physically remove the roommate from the property. The sheriff, and only the sheriff, is authorized to oversee the change of locks. Prematurely changing the locks constitutes an illegal eviction and can lead to serious legal ramifications. Your roommate could sue you for wrongful eviction, potentially recovering damages such as moving costs, lost wages, and emotional distress. Courts can also impose significant penalties for illegal lockouts. Furthermore, attempting to force a roommate out by changing the locks can also complicate the eviction process itself, giving the roommate grounds to challenge the eviction in court and potentially delaying the process even further.

What are my options if my roommate is causing property damage?

If your roommate is causing property damage in California, your options depend on whether you are both on the lease, or if only you are. If you are both on the lease, you generally can't evict them yourself; you'd need to work with the landlord. If only you are on the lease, you have more options, potentially including serving them with a notice to quit, reporting the damage to the police (if criminal), and pursuing legal action for damages.

When both you and your roommate are on the lease, the landlord is the only party who can initiate eviction proceedings. You should document all instances of property damage with photos, videos, and written records, and immediately notify the landlord in writing about the situation. The landlord can then decide whether to pursue eviction based on breach of lease terms (such as damaging the property). You can also explore mediation with your roommate to try and resolve the issues amicably before escalating to the landlord. Keep in mind that even if the landlord evicts your roommate, you are still responsible for fulfilling the terms of the lease, including paying the full rent amount, so consider your ability to do so if your roommate is removed. If you are the only tenant on the lease and your roommate is a subtenant, you have more control. You can serve your roommate with a notice to quit (typically a 3-day notice to quit if they are causing significant damage, or a 30 or 60 day notice depending on the length of the tenancy). This notice informs them that they must leave the premises by a certain date. If they fail to leave by the specified date, you can then initiate eviction proceedings through the court. You can also pursue legal action against your roommate to recover the costs of repairing the property damage they caused. It's also wise to consider documenting all communications and attempts at resolution before initiating legal action.

Navigating the eviction process is never fun, but hopefully, this has given you a clearer picture of how to handle things with your roommate in California. Remember, staying calm and communicative can make a big difference! Thanks for reading, and feel free to swing by again if you've got more roommate dilemmas or other landlord-tenant questions – we're always happy to help!