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.
Agreements that are over a year should be in writing to be enforceable in court. Agreements that are a year or less can be verbal or written.
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.
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.
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 •
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An “occupant/roommate” is a person who rents from a tenant with whom they live, rather than the landlord, and is therefore not covered under the Residential Tenancy Act. This type of living situation is common in shared houses where a “head-tenant” rents out bedrooms to roommates.
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 ...