How to Evict a Roommate in California (and Other Household Situations)
What California law says about roommates who are not on the lease, guests who won't leave, family members, renting a room in your own home, and tenancies at will — each with the statute or official source.
Short answer: 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. Cal. Civ. Code § 1940(a); California Courts Self-Help Guide, 'Eviction when you're not on the lease'
| 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. |
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| 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. |
| Guests who won't leave | No statute sets a number of days after which a guest becomes a tenant. State guidance to police says people who live in a home may be lawful tenants under verbal agreements, without a written lease or rent receipts, and that tenants may be removed only through the court process; officers should let a person show ID, mail, bills or other proof that they live there. Whether a guest has become a tenant depends on the facts. When in doubt, the safer route is a written notice and an unlawful detainer case. |
| Removing a family member or partner | California sets no separate statewide procedure for removing a family member or partner who has no lease. Where there is abuse, a domestic violence restraining order can order the restrained person to move out of a home shared with the protected person; it is available against a spouse, domestic partner, dating or intimate partner, or a child, parent, sibling or grandparent (including in-laws). Outside a restraining order, a relative or partner who lives in the home may need to be removed through written notice and an unlawful detainer case, depending on the facts. |
| Renting a room in your own home (lodgers) | A 'lodger' is a person who contracts with the owner for a room (or room and board) in the owner's own occupied home, where the owner keeps access to and overall control of the home. If only one lodger lives there, either side may end a periodic arrangement with written notice given as far in advance as Civil Code § 1946 requires for ending a periodic hiring (generally at least the length of the rental period, up to 30 days); once the notice expires the lodger's right to stay ends, and a lodger who stays is guilty of an infraction and can be removed with a peace officer's help without an eviction suit (Penal Code § 602.3). Applies only to owner-occupied homes with a single lodger. With two or more lodgers, the court eviction process applies. Property left behind is handled under Civil Code § 1980 et seq. Penal Code § 602.3: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN§ionNum=602.3 |
| Tenancy at will | A tenancy or other estate at will, however created, may be ended by the landlord giving the tenant written notice, served as required for eviction notices (Code Civ. Proc. § 1162), to leave within a period of not less than 30 days stated in the notice. Month-to-month and other periodic tenancies follow separate notice rules (Civ. Code §§ 1946, 1946.1). Source: Cal. Civ. Code § 789 |
| Hotel and extended-stay guests | Transient occupancy in a hotel, motel, residence club or similar facility that is subject to the transient occupancy tax is excluded from the landlord-tenant chapter. A residential hotel may not make an occupant move or check out and re-register before 30 days of occupancy in order to keep them from gaining non-transient status; a violation carries a $500 civil penalty, and the winning side in a lawsuit gets reasonable attorney's fees (Civ. Code § 1940.1). Some hotels where the innkeeper keeps access and offers listed services (including stays under 7 days and on-site food service) are also excluded. Civ. Code § 1940.1: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§ionNum=1940.1 |
Never remove someone by changing the locks or taking their belongings: if the person has become a tenant, only a court can order them out. If there is violence or a threat, call 911 and ask about a protective order.
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California eviction laws · Free legal help in California · Roommate rules in other states
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.