How to Evict a Roommate in California

California has specific rules regarding the eviction of a roommate.

If your name is on the lease, and your relationship with your roommate is not a positive one, eviction may be the answer. In California, if your roommate is not on the lease, then you are deemed as the landlord, and you can follow the state's eviction rules in order to end an uncomfortable living situation.

Things You'll Need

• Notice of intent
• Unlawful detainer forms
• Civil Case cover sheet

Instructions

Process of eviction

1. Provide written notice regarding the eviction to your roommate. If your roommate does not abide by this written notice, an unlawful detainer can be filed to continue the eviction process.

2. Execute an unlawful detainer case by filling out the following three forms: the Summons-Unlawful Detainer-Eviction (form SUM-130), the Complaint-Unlawful Detainer (form UD-100) and the Civil Case Cover Sheet (form CM-010). The fee to file these court forms is typically approximately $160. If the rent owed is in excess of $10,000, the fee is approximately $307.

3. Provide a duplicate of the SUM-130 and UD-100 forms to the courthouse in the district or county where your residence is located.

4. Serve your roommate with the unlawful detainer. According to California law, the landlord cannot serve the court papers personally, but can request that another adult not involved in the case serve them. The tenant must be served personally at least three times before papers can be left with another adult at the residence. You may also request the court to give you permission to post or mail the court papers.

5. Verify whether or not your tenant has received the court papers. If your tenant does not respond within five days, a judgment will be placed against him and you can legally evict him. However, if the tenant responds with an answer, you must file a Request To Set Case For Trial (form UD-150).

6. File form UD-150 and mail a copy to the tenant. At this point, both the landlord and tenant have the right to a jury trial. The results of the trial will determine whether you have the legal right to evict your roommate.

Tips & Warnings

• It is against the law to evict a tenant on your own. You must file an unlawful detainer. Even if your tenant is delinquent on rent, you cannot lock him out, change the locks, or remove his property without permission from the court.

References

• California Courts

Resources

• CA Court Self Help: Landlord/Tenant
• Unlawful Detainer Forms