The law is Civil Code section 1946.5. In general, you first give the lodger written notice. Then, if they don't move out by the end of the notice period, they are considered trespassing. You can ask law enforcement to remove them.
Any roommate who is named as a tenant in the tenancy agreement is presumptively a tenant with rights and obligations under the Act; whether any roommate is a tenant or not is ultimately a legal determination that can only be made by a Residential Tenancy Branch arbitrator who will weigh the factors in favour and ...
Understanding Roommate Laws in California Co-tenant: If your roommate signed the lease with you, they have equal rights to the property. Evicting them often requires coordination with the landlord.
30-Day or 60-Day Notice: For month-to-month agreements, provide a 30-day notice if they've lived in the property for less than a year, or a 60-day notice if they've stayed longer. Notice to Vacate for Unlisted Occupants: For roommates not on the lease, use a general notice to vacate as the first step.
Here are the states that do explicitly state when guests are considered tenants: StateWhen guests become tenants California After 14 days within 6 months or 7 consecutive nights Colorado After 14 days, within 6 months Connecticut After 14 days, within 6 months Florida After 14 days within 6 months or 7 consecutive nights19 more rows •
Yes, a landlord can evict a tenant without a written lease in California, but they must still follow the proper legal procedures. This includes providing adequate notice, filing an eviction lawsuit if the tenant fails to vacate, and obtaining a court judgment before physically removing the tenant from the property.
Even though they are not on the lease, they are a resident. If talking to them hasn't worked, give them a 30/45/60 day notice to vacate (depending on CA and local ordinances). This is a tricky situation. You have no legal standing to file an eviction with the court in CA.
A tenancy agreement may end when someone goes against one of its material terms Residential Tenancy Act: Section 45.3. If a landlord or tenant breaches a material term and the other party wants to end the tenancy, they must send a written warning to the party who breached the term.