Legal Question in Landlord & Tenant Law in California

If there was an agreement that the roommate would pay rent, you must prepare and properly serve them with a three (3) day notice to pay rent or quit. If they do not move, then you must file an Unlawful Detainer lawsuit and obtain a court order evicting the roommate from the property. That order must be executed by a local law enforcement officer. You'll likely need an attorney to guide you through this process.

If there never was an agreement that the roommate pay rent - the understanding was that they would stay for free - you are probably going to have to give them a 30 day notice to quit the property. Once the 30 days is up, if they do not move, then file the same unlawful detainer lawsuit as you need to above. As with that process, you should really have an attorney assisting you through the process, as unlawful detainers are very technical.

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