Quick Answer
Whether you can evict a roommate depends on a single question: is the roommate on the lease with the landlord? If yes, they are a co-tenant and you generally cannot evict them, you can only resolve the dispute by negotiating, having them removed for cause by the landlord, or moving out yourself. If they are NOT on the lease, you are functionally their landlord and must serve proper written notice and, if necessary, file an unlawful detainer.
Key Takeaways
- Co-tenants (both on the lease) cannot evict each other, only the master landlord can.
- Subtenants (one tenant rents to the other) ARE evictable, and you are the landlord for UD purposes.
- Notice required: 30-day for tenancies under one year, 60-day if the subtenant has been there 12+ months (CC § 1946.1).
- A residential UD must be filed in the proper court, you cannot lock a subtenant out, change locks, or remove belongings.
- Lodgers under CC § 1946.5 (single roommate, owner-occupied home) have a special 30-day notice rule and can be removed without UD in narrow circumstances.
- LARSO and AB 1482 may impose just-cause requirements even on a roommate eviction if the unit is covered.
Step 1: Co-tenant or subtenant?
The single most important question is the lease. If both names are on the original lease with the landlord, you and your roommate are co-tenants. Each of you has the same right to occupy the unit, and neither has the authority to evict the other. The landlord is the only party with that power, and the landlord can only evict for the grounds in the lease and applicable law.
If you are the only person on the lease and your roommate is paying rent to you, your roommate is your subtenant. You are functionally their landlord, and you have the right (and the obligation) to follow proper eviction procedure if you want them out.
Co-tenant situations, what you can and cannot do
You cannot lock a co-tenant out. You cannot remove their belongings. You cannot change the locks. You cannot serve them a notice to quit. Self-help eviction is a crime under California law (Penal Code § 418) and a civil tort under CC § 789.3 with statutory damages, attorney fees, and minimum penalties.
Practical options for co-tenant disputes:
- Negotiate a written buyout, one tenant agrees to leave for an agreed sum.
- Ask the landlord to enforce lease terms (nuisance, unauthorized occupants, illegal activity) if the roommate is in breach.
- Move out yourself and notify the landlord and the roommate in writing.
- File a partition or accounting action if there’s joint property or shared deposit.
- Seek a domestic violence restraining order if abuse is involved, this CAN result in exclusion of the other party from the home (CC § 1946.7 and DVRO procedures).
Subtenant evictions, you are the landlord
If your roommate is your subtenant, the unlawful detainer rules treat you as the landlord. That means:
- If the subtenant is in default on rent, you can serve a 3-day notice to pay or quit under CCP § 1161(2).
- For a no-fault termination, you must serve a 30-day notice (under 1 year) or 60-day notice (1 year or more) under CC § 1946.1.
- If the unit is covered by LARSO or AB 1482, you also need a qualifying just cause and may owe relocation assistance.
- After the notice expires without cure or surrender, you file an unlawful detainer in the appropriate court.
Lodgers under CC § 1946.5, the narrow exception
If you own and occupy a single-family home, and you have ONE lodger renting a room from you with shared common areas, you can use the lodger procedure in CC § 1946.5. Serve a written 30-day notice, once it expires, the lodger has no right to remain and you may be able to involve law enforcement to remove them without filing a UD. This rule does NOT apply if you rent the home, if you have more than one lodger, or if the lodger has a separate unit.
What about deposits and bills?
Whoever signed the lease holds the security deposit relationship with the master landlord. Disputes between roommates about share of deposit, utility allocation, or shared furniture are usually small-claims matters, not unlawful detainer issues.
Domestic-violence specific protections
If you are a victim of domestic violence, sexual assault, or stalking by your roommate, CC § 1946.7 lets you terminate your own tenancy on 14 days’ written notice with qualifying documentation. A DVRO with a stay-away order can also exclude a co-tenant from the residence. See our Domestic Violence Tenant Rights page for details.
What to do right now
- Pull the lease. Confirm who is on it.
- Document the rent arrangement, what your roommate pays, to whom, and since when.
- Do NOT change locks, remove belongings, or threaten removal. That can flip the case against you.
- Decide whether the situation calls for buyout, lease enforcement by the master landlord, formal eviction (subtenant), or moving out yourself.
Related pages
- Eviction Defense overview
- 3-Day Notice to Pay or Quit
- 30/60/90-Day Termination Notice
- LARSO (LA Rent Control)
- AB 1482 Just-Cause
- Looking for a Los Angeles eviction defense attorney? Our main tenant defense page covers the full eviction defense playbook.
- Eviction Defense Information Hub: comprehensive topic index for California tenants.
- What Happens After You File Your Answer
- How Long Does an Eviction Case Take in LA
- Neighborhood guides: Santa Monica, West Hollywood, Long Beach, Hollywood, Downtown LA
Frequently asked questions
How do I evict a roommate in California?
It depends on whether the roommate is a co-tenant on the lease or a subtenant of yours. Co-tenants must be evicted by the landlord through unlawful detainer. Subtenants can be evicted by the master tenant directly through unlawful detainer.
What is the difference between a co-tenant and a subtenant?
A co-tenant signed the original lease alongside you. A subtenant moved in after, with you as the master tenant. The legal procedure is different for each.
Can I just change the locks?
No. California prohibits self-help eviction even against an unauthorized occupant. Lockouts, utility shutoffs, and removal of belongings are illegal under Civil Code §§ 789.3 and 1940.2.
What notice do I need to give my subtenant?
For a subtenant with no written agreement, generally a 30-day or 60-day notice depending on length of occupancy. Then if they do not vacate, file an unlawful detainer.
What if the roommate refuses to leave?
Standard unlawful detainer proceeding. The case moves through the same procedural channel as a landlord-vs-tenant UD, just with you as plaintiff. Most LA County tenants in this position benefit from legal help to move through it.
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