The California Eviction Process of a Non-Paying Roommate
If your roommate refuses to pay the rent, you have the option of having her evicted. California has strict laws regarding eviction procedures, however, so it is important that you both understand these laws and follow them correctly if you want to quickly remove your non-paying roommate from your home.
Roommate Rights
Many people believe that roommates who are not listed on a lease can be asked to leave a rental home at any time. This is untrue. Roommates have the same rights to due process in an eviction as any other tenant. If you attempt to force your roommate out without following California eviction procedures, your roommate can sue you.
Right to Evict
Before you attempt to force a roommate from your home, determine whether you, or your landlord, is the right party to file eviction papers. If your roommate has a lease or rental agreement with your landlord, you cannot evict your roommate on your own. Instead, you must persuade your landlord to evict your roommate, unless you live in a rent controlled area and your landlord designates you as the "master tenant." If your roommate is not on the lease, and pays rent directly to you, your roommate is a sub-tenant and you can file the eviction yourself.
Grounds for Eviction
California law offers several grounds for eviction, and failing to pay the rent is one of them. This is true even in areas that have rent control laws. If your roommate fails to pay the rent, you only have to give him three days notice of your intention to go to court to file an eviction.
Notice
Before you go to court, you, or your landlord, must first give your roommate notice of the eviction plans. The notice must be in writing, and you must first attempt to hand it to your roommate. If you can't find your roommate, you or your landlord can tack the notice to the door of her room and then mail her a copy of the notice. After service, your roommate has three business days to pay the rent that she owes. If she does this, the eviction cannot proceed unless other grounds exist for his eviction, such as remaining in the home after the expiration of her lease or rental agreement.
Filing an Eviction
After waiting the required three days, you or your landlord can file the eviction at the superior court in the county where you and your roommate live. After completing and filing the legal paperwork, you or your landlord must serve a summons to your roommate. Like the three-day notice, every effort should be made to personally serve your roommate with the summons. If you can't locate your roommate, you can get permission from the court to affix the summons to your roommate's door and mail him a copy.
Going to Court
Only a judge can order an eviction. You or your landlord will have to attend a hearing and your roommate has the right to present a defense against the eviction. If the judge orders the eviction, your roommate can remain in your home until physically evicted by the sheriff.
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