Landlord-Tenant

Ask a landlord-tenant lawyer and get answers ASAP

Ask a Lawyer,
Get an Answer ASAP!

Landlord-Tenant

How do I remove my roomate from my home?

Customer Question
How do I remove my roomate from my home?
Submitted: 9 years ago.Category: Landlord-Tenant
Ask Your Own Landlord-Tenant Question
Answered in 8 minutes by:
10/1/2008
Lawyer: Attorney & Mediator, Lawyer replied 9 years ago
Attorney & Mediator
Category: Landlord-Tenant
Satisfied Customers: 20,012
Experience: Attorney & Certified Mediator
Verified
Two ways to remove someone that you have permitted to stay in your property. 1) By having a restraining order placed on the roommate if there is issues of violence in the household. 2) You would need to proceed with an eviction process to get him legally out. Since he has been permitted to stay on the premises to establish a residence there, he has the same rights as a lodger/tenant and eviction would be the way to get them out.

In California to remove someone you first need to serve them with notice to vacate. Typically this would be 30 days. If they have defaulted on rent, then notice would be within 3 days. If they fail to leave within the notice time, then you need to file a summons and complaint for an unlawful detainer action.

You can review the process here

You can access the court forms here.

There is also how to books that you can find at major bookstores such as Boarder's books that can help you with the process.

If I have been helpful, please click Accept for my time and research. If you need more help, please click reply. Positive Feedback is greatly appreciated and reciprocated. Feedback should relate to customer service and not about the law, which I have no control over, thank you.

Legal Disclaimer. The information given by me is not legal advice. . You should not and may not rely on anything on this website as legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. I do not provide general or specific legal advice. . I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are recommended to speak with the appropriate legal counsel for accurate and complete information. No part of this disclaimer can be reproduced without the consent of the owner. Thank you.

Ask Your Own Landlord-Tenant Question
Customer reply replied 9 years ago
I do know in California you cannot evict a tentant who is a roommate and one that is a renter of a unit is different and the unlawful detainer process does not apply.
Lawyer: Attorney & Mediator, Lawyer replied 9 years ago
Thank you for your reply.

Since he shares a room in your home he is considered a lodger. You would still need to serve him the 30 days notice to vacate the premises. Following the notice, if he fails to vacate, then he is treated as a trespasser, which means you can call the police to get him out.

This is how the Department of California Consumer Affairs addresses your situation.

And I quote:

Single lodger in a private residence

A lodger is a person who lives in a room in a house where the owner lives. The owner can enter all areas occupied by the lodger and has overall control of the house.8 Most lodgers have the same rights as tenants.9

However, in the case of a single lodger in a house where there are no other lodgers, the owner can evict the lodger without using formal eviction proceedings. The owner can give the lodger written notice that the lodger cannot continue to use the room. The amount of notice must be the same as the number of days between rent payments (for example, 30 days). (See "Tenant's notice to end a periodic tenancy".) When the owner has given the lodger proper notice and the time has expired, the lodger has no further right to remain in the owner's house and may be removed as a trespasser.10



1946.5. (a) The hiring of a room by a lodger on a periodic basis
within a dwelling unit occupied by the owner may be terminated by
either party giving written notice to the other of his or her
intention to terminate the hiring, at least as long before the
expiration of the term of the hiring as specified in Section 1946.
The notice shall be given in a manner prescribed in Section 1162 of
the Code of Civil Procedure or by certified or registered mail,
restricted delivery, to the other party, with a return receipt
requested.
(b) Upon expiration of the notice period provided in the notice of
termination given pursuant to subdivision (a), any right of the
lodger to remain in the dwelling unit or any part thereof is
terminated by operation of law. The lodger's removal from the
premises may thereafter be effected pursuant to the provisions of
Section 602.3 of the Penal Code or other applicable provisions of
law.
(c) As used in this section, "lodger" means a person contracting
with the owner of a dwelling unit for a room or room and board within
the dwelling unit personally occupied by the owner, where the owner
retains a right of access to all areas of the dwelling unit occupied
by the lodger and has overall control of the dwelling unit.
(d) This section applies only to owner-occupied dwellings where a
single lodger resides. Nothing in this section shall be construed to
determine or affect in any way the rights of persons residing as
lodgers in an owner-occupied dwelling where more than one lodger
resides.

Penal code on trespassing lodgers who stay after the expiration of notice to vacate:

602.3. (a) A lodger who is subject to Section 1946.5 of the Civil
Code and who remains on the premises of an owner-occupied dwelling
unit after receipt of a notice terminating the hiring, and expiration
of the notice period, provided in Section 1946.5 of the Civil Code
is guilty of an infraction and may, pursuant to Section 837, be
arrested for the offense by the owner, or in the event the owner is
represented by a court-appointed conservator, executor, or
administrator, by the owner's representative. Notwithstanding
Section 853.5, the requirement of that section for release upon a
written promise to appear shall not preclude an assisting peace
officer from removing the person from the owner-occupied dwelling
unit.
(b) The removal of a lodger from a dwelling unit by the owner
pursuant to subdivision (a) is not a forcible entry under the
provisions of Section 1159 of the Code of Civil Procedure and shall
not be a basis for civil liability under that section.
(c) Chapter 5 (commencing with Section 1980) of Title 5 of Part 4
of Division 3 of the Civil Code applies to any personal property of
the lodger which remains on the premises following the lodger's
removal from the premises pursuant to this section.
(d) Nothing in this section shall be construed to limit the owner'
s right to have a lodger removed under other provisions of law.
(e) Except as provided in subdivision (b), nothing in this section
shall be construed to limit or affect in any way any cause of action
an owner or lodger may have for damages for any breach of the
contract of the parties respecting the lodging.
(f) This section applies only to owner-occupied dwellings where a
single lodger resides. Nothing in this section shall be construed to
determine or affect in any way the rights of persons residing as
lodgers in an owner-occupied dwelling where more than one lodger
resides.

If I have been helpful, please click Accept for my time and research. If you need more help, please click reply. Positive Feedback is greatly appreciated and reciprocated. Feedback should relate to customer service and not about the law, which I have no control over, thank you.

Legal Disclaimer. The information given by me is not legal advice. . You should not and may not rely on anything on this website as legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. I do not provide general or specific legal advice. . I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are recommended to speak with the appropriate legal counsel for accurate and complete information. No part of this disclaimer can be reproduced without the consent of the owner. Thank you.

Attorney & Mediator
Category: Landlord-Tenant
Satisfied Customers: 20,012
Experience: Attorney & Certified Mediator
Verified
Attorney & Mediator and 87 other Landlord-Tenant Specialists are ready to help you
Ask your own question now
Ask Attorney & Mediator Your Own Question
Attorney & Mediator
Attorney & Mediator
Attorney & Mediator, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 20,012
20,012 Satisfied Customers
Experience: Attorney & Certified Mediator

Attorney & Mediator is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Thomas McJD

Thomas McJD

Lawyer

46 satisfied customers

Landlord-Tenant Law Expert

LegalWiseNC

LegalWiseNC

Attorney

0 satisfied customers

Licensed Attorney in North Carolina.

barristerinky

barristerinky

Attorney

3,830 satisfied customers

Attorney over 17 years, landlord 26 years

Infolawyer

Infolawyer

Attorney

2,075 satisfied customers

Experience representing landlords and tenants.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

1,379 satisfied customers

Licensed in multiple jurisdictions. Experienced Landlord-Tenant attorney.

Ely

Ely

Counselor at Law

1,272 satisfied customers

Attorney

LawTalk

LawTalk

Attorney

1,055 satisfied customers

I have handled Real Estate and Landlord Tenant matters for more than two decades.

< Previous | Next >

Related Landlord-Tenant Questions
I'm wondering howntonmlenaure a tenant moves out by the end
Hello, I'm wondering howntonmlenaure a tenant moves out by the end of a lease … read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
17,966 satisfied customers
What are the duties of a revocable trust. Vermont. That the
that the occupants are suppose to make payments equal tp the amount of the taxes and they don,t … read more
barristerinky
barristerinky
Attorney
Doctoral Degree
3,830 satisfied customers
We live in a mobile home park in Maryland. We pay rent on
We live in a mobile home park in Maryland. We pay rent on the land but own our home. Last year, our park manager began lumping our quarterly water/sewer bill onto our rent for that particular month. H… read more
Infolawyer
Infolawyer
Attorney
Doctoral Degree
2,075 satisfied customers
I was renting an appartment of a house @*** *. ******* ***.
I was renting an appartment of a house @*** *. ******* ***. #1 ,in ******** ****, **.*****. The landlord refused to do any repaired on the house. I done most of them, but I cannot do the staires. So ,… read more
Infolawyer
Infolawyer
Attorney
Doctoral Degree
2,075 satisfied customers
I have been in a Lawsuit for the last 4 yrs with my Landlord
I have been in a Lawsuit for the last 4 yrs with my Landlord with no judgement of yet for either side, About a week ago we found out he sold the commercial Building he owned that was the Corporation w… read more
Richard - Bizlaw
Richard - Bizlaw
Juris Doctor
3,682 satisfied customers
My mother has rented out a bedroom in her house to an
Hello - my mother has rented out a bedroom in her house to an individual that has not paid their rent for over two months. My mother has an agreement with the renter on which rent is due on a month-to… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,443 satisfied customers
Regrettably, i decided to sign a lease with a new
regrettably, i decided to sign a lease with a new girlfriend . she is abusive and I want to terminate my lease. she will not vacate, and the landlords will not sign a lease with her because she violat… read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,030 satisfied customers
I have been living in this rental condo for two yrs. and I
I have been living in this rental condo for two yrs. and I advised the owners near the beginning, I would feel biting at my ankles in 3 areas of the condo, they didn't care. Now, two yrs later, I have… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,443 satisfied customers
Back in July of this year, we discovered black mold in our
Back in July of this year, we discovered black mold in our basement apartment due to cracks in the foundation. We contacted our landlord (who lived upstairs) immediately. He came down and inspected th… read more
Infolawyer
Infolawyer
Attorney
Doctoral Degree
2,075 satisfied customers
I have been summoned to court as a tenant in a
I have been summoned to court as a tenant in a tenant/landlord case from someone that has never been my landlord/tenant. He has yet to properly serve me and the magistrate court sent the summons to my… read more
Olivia Kent
Olivia Kent
Managing Partner
Law (J.D.) and Medicine (M.D.)
1,421 satisfied customers
If a tenant lives in an rent controlled apartment since
If a tenant lives in an rent controlled apartment since 1969, never signed a lease, always paid the rent verbally agreed with the landlord + the tenant on his own added a minimal increase every year. … read more
Richard - Bizlaw
Richard - Bizlaw
Juris Doctor
3,682 satisfied customers
How do I evict a sub tenent who is behind on rent and is not
How do I evict a sub tenent who is behind on rent and is not on the lease? … read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
17,966 satisfied customers
The o. The house I'm l. ... The house I'm staying in is
The house I'm staying in is owned by my dad and brother. It's a 4 bedroom and 3 of the rooms are used by me and my kids, last to my dad. Suddenly my brother wants me and kids out of the house. Does my brother have the right to evict if my dad wants me to stay? Also the land on which the house is in top of is in my dad's name… read more
KJL LAW
KJL LAW
Juris Doctorate
1,618 satisfied customers
I am a tenant in FL that signed a lease August 1 for 1 year.
Hi, I am a tenant in FL that signed a lease August 1 for 1 year. I lost my job and have had a hard time finding work so I want to move to another city/state. I asked my landlord if I can give notice a… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I separated from my husband due to a Protective Order
I separated from my husband due to a Protective Order against Domestic Violence. I talked to several people about renting a room. One lady said she had a room for she would rent me in her apartment fo… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,443 satisfied customers
The home my sons are renting is being purchased by the city.
The home my sons are renting is being purchased by the city. He signed paerwork with city and they agreed that move out by the end of this month. when my son moved in they paid first, lst and a securi… read more
barristerinky
barristerinky
Attorney
Doctoral Degree
3,830 satisfied customers
One more question... does the landlord have to return rent
Hi there, one more question... does the landlord have to return rent for the time the house has not been repaired?… read more
Ray
Ray
Lawyer
Doctoral Degree
30,190 satisfied customers
I need help regarding finding out the eviction that just
good morning I need help regarding finding out the eviction that just happen and i put my name on he lease … read more
Richard - Bizlaw
Richard - Bizlaw
Juris Doctor
3,682 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x