How To Evict a Roommate in California

Updated 8/12/24

Evicting a roommate in California can be a complex process, especially if they refuse to leave voluntarily. Understanding the legal steps and your rights as a landlord or leaseholder is crucial to ensuring a smooth and lawful eviction. In this guide, we’ll walk you through the necessary steps to evict a roommate in California, providing you with the information you need to protect your property and interests.

Review the Lease Agreement

Before taking any action to evict a roommate in California, it’s essential to review the lease or rental agreement. The lease will outline the terms of occupancy and whether the roommate is listed as a co-tenant or a subtenant. If the roommate is a co-tenant, they have the same rights as you, and the eviction process might be more complicated. However, if they are a subtenant, the eviction process could be more straightforward, as you are considered their landlord.

Communicate with Your Roommate

Open communication is often the best first step when trying to evict a roommate in California. Explain your reasons for wanting them to leave, whether it’s due to non-payment of rent, violation of house rules, or any other legitimate reason. Offering a reasonable amount of time for them to vacate the premises voluntarily can sometimes resolve the issue without legal action.

Provide Written Notice

If your roommate refuses to leave, the next step is to provide them with a written notice. The type of notice you need to give depends on the situation:

• 3-Day Notice to Pay Rent or Quit: If your roommate hasn’t been paying rent, you can serve them with a 3-day notice to pay or vacate.
• 30-Day or 60-Day Notice: If there is no lease or the lease is month-to-month, you may provide a 30-day notice (if the roommate has lived there for less than a year) or a 60-day notice (if they’ve lived there for more than a year) to terminate the tenancy.

The notice should be clear, stating the reason for eviction and the date by which they must leave. Make sure to keep a copy of the notice for your records.

File an Unlawful Detainer Lawsuit

If your roommate still refuses to vacate after the notice period has expired, you will need to file an unlawful detainer lawsuit. This is a legal action to formally evict a roommate in California. You will need to go to your local courthouse to file the lawsuit and pay the associated fees. The court will then set a date for a hearing where both you and your roommate can present your cases.

Attend the Court Hearing

During the court hearing, you will need to provide evidence supporting your claim, such as the lease agreement, the written notice you provided, and any other documentation that shows why your roommate should be evicted. If the court rules in your favor, they will issue a judgment for possession, allowing you to legally evict your roommate in California.

Enforce the Eviction

If your roommate still doesn’t leave after the court’s decision, you can obtain a Writ of Possession from the court, which allows the sheriff to remove your roommate from the property. It’s important to avoid taking matters into your own hands, such as changing locks or removing your roommate’s belongings, as this could lead to legal consequences.

Evicting a roommate in California requires careful adherence to the law and proper procedure. By following these steps, you can navigate the process legally and protect your property rights. Remember, clear communication and proper documentation are key when attempting to evict a roommate in California. If you’re unsure about any part of the process, consulting with a legal professional can provide additional guidance and support.

If you have any questions or need assistance with the eviction process, feel free to contact us for a free consultation. We’re here to help you protect your property and ensure a smooth eviction process.