Roommate Agreement in California

An agreement between roommates on rent shares, bills, chores and moving out. It is a contract between you — it does not change your lease with the landlord.

What California law says

Roommate not on the lease	California's landlord-tenant chapter applies to all persons who hire dwelling units. A person who lives in the unit but is not on the lease can still be part of an eviction: the landlord may name them, or serve a Prejudgment Claim of Right to Possession, and an occupant who moved in before the case started may file a claim to join the case and defend. Whether a particular roommate is a tenant, subtenant or guest depends on the facts, such as any agreement and who they pay rent to. An occupant who does not file a claim and stays can be removed by the sheriff along with the named tenants. Source: Cal. Civ. Code § 1940(a); California Courts Self-Help Guide, 'Eviction when you're not on the lease'
Removing a roommate or subtenant	A person who rents a room from a master tenant generally has the same protection against self-help eviction as any tenant and may be removed only through the court eviction (unlawful detainer) process, after proper written notice. The only exception is a single lodger living with the homeowner (see lodger rules). Lockouts, changing locks, removing belongings or shutting off utilities are illegal self-help evictions. Local rent ordinances may add protections for subtenants. Source: Cal. Dept. of Justice Information Bulletin 2022-DLE-05 (July 13, 2022); Cal. Penal Code § 602.3; Cal. Civ. Code § 1946.5

Roommate not on the lease

California's landlord-tenant chapter applies to all persons who hire dwelling units. A person who lives in the unit but is not on the lease can still be part of an eviction: the landlord may name them, or serve a Prejudgment Claim of Right to Possession, and an occupant who moved in before the case started may file a claim to join the case and defend. Whether a particular roommate is a tenant, subtenant or guest depends on the facts, such as any agreement and who they pay rent to.

An occupant who does not file a claim and stays can be removed by the sheriff along with the named tenants.

Source: Cal. Civ. Code § 1940(a); California Courts Self-Help Guide, 'Eviction when you're not on the lease'

Removing a roommate or subtenant

A person who rents a room from a master tenant generally has the same protection against self-help eviction as any tenant and may be removed only through the court eviction (unlawful detainer) process, after proper written notice. The only exception is a single lodger living with the homeowner (see lodger rules).

Lockouts, changing locks, removing belongings or shutting off utilities are illegal self-help evictions. Local rent ordinances may add protections for subtenants.

Source: Cal. Dept. of Justice Information Bulletin 2022-DLE-05 (July 13, 2022); Cal. Penal Code § 602.3; Cal. Civ. Code § 1946.5

Fill it in

Nothing you type leaves your browser. Replace anything still highlighted, and keep a signed copy.

ROOMMATE AGREEMENT for [rental address]

Roommates: [roommate names]

Rent: total $[total rent] per month. Shares: [each roommate's share]. Each share is paid to [who pays the landlord] by [due date].

Security deposit paid by each roommate: [deposit shares]. When someone moves out, their share is returned [how and when].

Utilities and internet: [how bills are split and who holds each account].

Rooms and shared spaces: [who has which room; shared areas].

Cleaning and chores: [chore plan]. Quiet hours: [quiet hours]. Guests: [overnight guest limits].

Moving out: a roommate who leaves gives [notice period] written notice to the others and [finds a replacement approved by the landlord / pays their share until the lease ends].

Disputes: we will first try to talk it out, then [mediation or small claims court].

Signatures and dates: [signatures]

Roommate Agreement for other states · California tenant rights

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.