If my roommate is not on the lease, how do I kick them out?

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If my roommate is not on the lease, how do I kick them out?

Asked on July 18, 2015 under Real Estate Law, California

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

If your roommate was on the lease, then only your landlord can evict them.
However, if the lease is solely in your name, then your roommates are essentially your subtenants which makes you their sublandlord, accordingly you have the right to evict them.

For more information, here is a link to a site that I think you will find to be of help:

http://www.courts.ca.gov/selfhelp-eviction.htm

Note: Your roommate may have gained the status of a full tenant if they paid their share of the rent directly to your landlord or if your landlord allowed then to add their name to the mailbox or above the doorbell. In such a case, then your landlord would have to initiate the eviction since only a landlord can evict a tenant.


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