How to Evict a Roommate Not on the Lease in California

Sharing your rental can be convenient, but if your roommate is not on the lease and issues arise, knowing your legal rights and the correct eviction process is crucial. In California, removing a non-lease roommate involves more than just asking them to leave. This guide explains the steps involved, the forms required, and the legal protections available for renters under California law.

Understanding Roommate Arrangements in California

If your roommate is not listed on your lease, they're usually considered a "subtenant" or "occupant." This status affects the legal process for eviction and is governed by California's rental and eviction laws. As the primary tenant, you cannot simply change the locks or remove their possessions. Following the legal process is essential to protect your rights—and theirs—under state law.

Can You Evict a Roommate Not on the Lease?

Yes, you generally have the right to evict someone who is not on the lease, but you must follow California’s legal eviction process. Self-help evictions are illegal. Only the sheriff can physically remove someone after a court order. If your roommate refuses to leave voluntarily, you will typically need to file an "unlawful detainer" action through the courts.

When Is Eviction Appropriate?

• The roommate is not paying rent as agreed
• They damage property or break house rules
• Your personal safety or quiet enjoyment is affected

Before starting the process, communicate your concerns and try to reach an agreement. If this fails, the formal legal procedure is required.

Step-by-Step: Legal Process for Evicting a Roommate in California

Here is a brief summary of the steps involved:

• Serve the proper written notice (typically a 3-Day or 30-Day Notice)
• Wait out the notice period
• If the roommate does not leave, file an unlawful detainer (eviction) lawsuit
• Obtain a court judgment
• Sheriff enforces removal if necessary

Required Forms: Names, Uses, and Sources

• 3-Day Notice to Quit (or 30-Day Notice to Vacate)
  If your roommate is not paying rent or violating an agreement, you start by giving this written notice. Example: You leave a 3-Day Notice for unpaid rent, informing them to pay or move.
  Download from the California Courts: Notice to Quit (UD-104).
• Unlawful Detainer-Eviction Forms
  If your roommate does not leave after the notice expires, you file an eviction case:
  • Complaint—Unlawful Detainer (UD-100): The main lawsuit form. Example: File after the roommate refuses to leave on the 4th day after a 3-Day Notice.
  • Summons—Unlawful Detainer-Eviction (SUM-130): Provided to the roommate after you file your case, showing that legal action has started.
• Proof of Service
  Demonstrates that notice was properly delivered. Example: You (or a process server) complete this form and file it with the court.
  Proof of Service of Summons (POS-010).

All California eviction forms are available and described at the California Courts Eviction Forms page.

Who Handles Tenant-Eviction Matters?

Eviction disputes and filings in California are handled by the California Superior Court. Decisions are governed by the California Code of Civil Procedure Section 1161 et seq. and statewide tenant protections found in the California Civil Code Section 1946.

Important Considerations and Protections

• You cannot physically remove, threaten, or lock out your roommate; only law enforcement can after a valid court order
• Keep records of all communications, notices, and any agreements
• Your landlord may become involved if the subtenant is unauthorized

Knowing the correct process can help prevent delays, legal repercussions, and ensure everyone’s rights are respected.

FAQ: Evicting a Roommate Not on the Lease in California

1. Can I change the locks to remove a roommate not on the lease?
   No. California law prohibits "self-help" evictions, including lockouts, shutting off utilities, or removing personal property. Only a sheriff can physically evict someone after a court order.
2. How much notice do I need to give my roommate to move out?
   Generally, you must give a written 30-day notice for subtenants who have lived with you under a month-to-month agreement. For rule violations or unpaid rent, a 3-day notice may be appropriate.
3. What if my roommate still refuses to leave after notice?
   You must file an "unlawful detainer" (eviction) action in the California Superior Court. If you win your case, only the sheriff can enforce the actual removal.
4. Do I need my landlord’s permission to evict a roommate?
   If your lease requires landlord approval for all occupants/subtenants, contact your landlord first. Some leases prohibit subletting or require their involvement in removals.
5. Where can I find official eviction forms and guides?
   All required notices and court forms are on the California Courts: Eviction Forms page, which also offers instructions and self-help resources.

Conclusion: Key Takeaways

• Always use the proper written notice and official forms when evicting a roommate not on your lease
• Never try a "self-help" eviction; follow the legal court process
• California courts and statutes protect both primary renters and subtenants

By following these steps and using the correct forms, you can protect your rights and comply with California law.

Need Help? Resources for Renters

• California Superior Court: Eviction and Landlord/Tenant Self-Help
• California Department of Consumer Affairs: Eviction Fact Sheet
• Official Eviction Forms and Instructions (CA Courts)
• California Housing Department: Tenant Resources
• For local advice, contact your county’s Legal Aid office or the LawHelpCA: Tenant/Eviction Help

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1. California eviction law: California Code of Civil Procedure Section 1161 et seq.
2. California general tenant protections: California Civil Code Section 1946
3. Eviction forms and official guidance: California Courts: Eviction Forms
4. Tenant self-help and legal support: California Courts: Self-Help Eviction
5. State housing agency information: California Housing Department: Tenant Resources

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