The Laws on Evicting Someone Who Sublets a Room in California
A sublet may seem the most casual of tenancies, yet the California landlord/tenant statutes apply with equal vigor to a summer sublet as a 10-year home rental. In most cases, a homeowner or master tenant who sublets a room must follow the codes and the terms of any applicable rent-control ordinance in evicting the subtenant.
Rental Agreement
In California, only a lease exceeding a year must be in writing, but written rental agreements make life easier for all parties. A sublet agreement, to the same extent as a primary rental, can describe either a month-to-month tenancy or a lease-hold, depending upon the intent of the parties. While in both cases rent is generally due once a month, a lease precludes either party from ending the tenancy before the end of the lease term, absent some violation of law or contract terms.
Terminating Month-to-Month Rental Agreements
Under California Civil Code sections 1940 through 1954.1, a landlord or master tenant must deliver written notice to the tenant or subtenant to terminate the tenancy. If a subtenant rents under a simple, month-to-month agreement, the person renting the room can ask her to leave at any time by giving her written notice 30 days before the termination day. Under California statutes, no reason need be given for terminating the tenancy, although some local rent control statutes require valid cause.
Terminating Lease Agreements
Absent contract violation, a homeowner or master tenant can only terminate a subtenant's lease at the end of the term. Generally, California leases turn into month-to-month tenancies at the end of the lease term, terminable by 30-day notice by either party. It is wise to serve a written notice of nonrenewal 30 days before the lease termination date even if the lease contract provides for automatic termination.
Terminating for Illegal or Improper Behavior
A subtenant agrees to certain terms and standards of behavior, whether or not she executes a written agreement. One important term is timely payment of rent, but other, often unwritten terms -- implied into the contract in California -- are that she will not behave in a way that disturbs others in the house, commit crimes on the premises or introduce dangerous conditions or illegal substances. Whether she is a leasehold or month-to-month subtenant, if she violates any material term of the agreement -- written or implied -- the landlord or master tenant can begin the eviction procedure by serving a three-day notice. If the condition is remediable, the tenant must correct it or leave the premises within three days; if it is not remediable, the notice gives the subtenant three days to get out.
Roommates
When several tenants occupy one apartment and each has a rental relationship directly with the landlord, the tenants are roommates. Roommates have equal rights to live in the premises, even if one moved in years before another. A roommate does not have legal authority to evict other roommates. The landlord can evict one or all of the roommates if a problem arises.
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