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CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10244
Experience:  I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
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What is the law when it comes to kicking a roommate out? I

Customer Question

What is the law when it comes to kicking a roommate out?
I rent a room from a friend, all my mail & medications have been mailed here for over 2yrs. I do not have any type of lease, & want to know if he can put me out without any notice given. I am a 60% disabled veteran, & believe I am being exploited and used for my disability.
Can someone help me ASAP?
Thank You,
-William Hopkins
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  CalAttorney2 replied 1 year ago.

Dear Customer,

If the roommate is not on the lease, they are considered a "subtenant" and the "master tenant" (the roommate that is actually on the lease) can terminate their tenancy with 30 days written notice.

(The master tenant is acting in the same capacity as a landlord).

If the two roommates are both on the lease, neither roommate can force the other to leave.

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