This is a guide to the basic rules related to roommates and houseguests. It can be a VERY complicated area of law, so be sure to speak to a landlord-tenant lawyer regarding your situation.

Also be sure to read our Guide to Tenants Rights.

1. Houseguests

When does a house guest become a tenant?

Again, look at your lease. But if the lease doesn’t specify, or there is no lease, generally in California a “houseguest” may be considered a “tenant” after 30 days.

That said, while 30 days is a common rule of thumb, a person can be considered a tenant even sooner if they contribute financially or receive mail at the address. Whether a guest becomes a tenant depends on various factors:

• Length of stay: While not a definitive rule, exceeding 30 consecutive days is a strong indicator of tenancy.
• Guest’s conduct: Receiving mail, using the property as their primary residence, paying rent (even informally), or expressing intent to stay long-term suggest tenancy.
• Landlord’s (or owner’s) conduct: Accepting rent, providing keys, allowing access to common areas, or failing to object to the guest’s presence can imply consent to tenancy.
• Verbal or written agreement: Even if no formal written lease exists, an agreement between the parties (including an informal, unwritten one) can establish tenancy.

Can I legally kick out my house guest?

If your houseguest has been there less than 30 days, you can tell them to leave. If they do not leave, they are “trespassing,” and you can call the police to have them removed.

If your houseguest has been there 30 days or more, they may be considered a tenant (even if they haven’t paid any rent), and removing them is more complicated (see Roommate section above).

Can a landlord evict me and/or my house guest if the house guest isn’t on the lease?

First, read your Lease/Rental Agreement (see above) to determine what it says on this; usually what an agreement says on this is enforceable and if you violate it, yes, you and your houseguest(s) can be evicted. If the agreement doesn’t discuss this issue, the general rule in California is that you are allowed to have a person stay at your apartment as long as the person doesn’t violate any of the terms of the lease.

Either way, you can’t ever have more occupants than is legal under zoning laws (usually no more than 2 occupants per room).

(Note: be sure to read our Guide to Eviction)

2. Roommates

Can I legally kick out my roommate?

Unfortunately it’s not easy to determine whether or how to legally remove a roommate in California. The potential courses of action depend on whether or not you own the unit, and whether or not the roommate is on a lease. In general, you cannot just physically remove your roommate (that could be considered assault or battery), and you can’t necessarily just change the locks.

If you own the unit where you and your roommate are living, your roommate may be considered a lodger. See below for more on lodgers.

1. If the Roommate is a Co-Tenant (on the Lease)

If both you and your roommate signed the lease with the landlord:

• You cannot evict them yourself. Only the landlord has the right to remove a co-tenant.
• You can ask the landlord to evict them if they are violating lease terms (e.g., non-payment, illegal activity). If they agree, the landlord must go through the formal eviction process (e.g., 3-day notice to quit, unlawful detainer lawsuit).

2. If the Roommate is Not on the Lease (subtenant)

If your roommate is not on the lease and you rented a room to someone or allowed them to stay without charging rent, the following may apply:

• Technically, you become their “landlord,” and they gain tenant rights after 30 days of stay.
• You may need to follow the formal eviction process as the “landlord,” but this could get complicated. It may be better to get your landlord involved to handle the situation. But if your lease with the landlord says you can’t have people living there who are not on the lease (which is common), then you may be violating your own lease, and YOU could be evicted!

3. If the Roommate is a Guest (Not Paying Rent & No Agreement)

If they were originally a guest but overstayed their welcome, but less than 30 days:

You can simply ask them to leave. If they refuse, you can call the police to have them removed for trespassing.

4. If There’s Violence or Threats

If the roommate is being violent, abusive, or making threats:

Call the police. You can also request a restraining order (California Code of Civil Procedure § 527.6).

If granted, the police can forcibly remove them, and prohibit them from coming near you again. See more about Victims Rights.

3. Lodgers

What is a lodger?

A lodger is a person who lives in a housing unit where the owner also lives. In this situation, the owner may enter all areas occupied by the lodger, and has overall control of the house.¹Civ. Code § 1946.5(c). If this is not the case, particularly if the lease says otherwise, then the person is likely a regular tenant instead of a lodger.

Can I remove a lodger?

In a home with multiple lodgers, lodgers generally have the same rights as regular tenants.²Civ. Code § 1940(a) However, if there is only one lodger in a house, the owner can evict the lodger without using formal eviction proceedings. The owner can simply give the lodger written notice that the lodger cannot continue to use the room or space. The amount of notice must be the same as required for any other periodic tenancy (30-60 days, depending on the situation).

After the applicable time period has expired, the lodger has no further right to remain in the owner’s house. The owner may have police remove the lodger as a trespasser if they refuse to leave.³Civ. Code § 1946.5; Penal Code (“Pen. Code”) § 602.3. However, if the lodger disputes their status as a lodger, this may require the owner to use formal eviction proceedings.

Further Resources

See our Guide to Tenants Rights

Guide to Victims Rights

See our Guide to Laws for Short Term Rental Guests and Hotel Guests in California

Guide to Laws for Homeowners in California

Find a Landlord-Tenant Lawyer

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