If there is no fixed term written lease, then they are a month to month tenant under CA law and you can terminate their tenancy with a 30 day notice. . In California, the landlord must serve a proper eviction notice and follow the legal eviction process to remove a subtenant.This page explains the most common defenses used in eviction cases. It's not a complete list of every defense that's available under the law. The California sublease agreement is a legal document that binds the current tenant of a rental property (the "sublessor") to a new tenant (the "sublessee") Subletters are at risk for eviction if the sublessor takes their money and doesn't put it towards the rent on time. How will you handle the security deposit? Only landlords are allowed to evict their tenants. A new law that requires a landlord to have a valid reason to evict renters so long as the renter has lived in the rental housing for at least 12 months. The landlord can include you in an eviction (unlawful detainer) court case even if your name is not on the lease or rental agreement.