Legal Question in Landlord & Tenant Law in California

Can landlord kick out tenant/roomate who is on month to month without a reason?

I own a home in costa mesa, and I have a roomate that I have been living with for less than 1 year. It really is just not working out anymore. He pays on time, but i am just tired of his personality, etc. He signed a standard month to month rental agreement that I got from the apartment owners association. Am I allowed to give him 30 days notice to leave without any reason? I really do not have one other than he is annoying, and I do not want to live with him anymore. Is there any kind of liability that I would face by just asking him to leave?

Also, am I allowed to be more discriminating about my roomates in the future since they are more of a roomate that I have to live with, instead of just a tenant? I get annoyed when people who just don't fit my lifestyle respond to my craigslist postings for rooms. I know a landlord cannot discriminate, but what about if the landlord is also a roomate?


Asked on 5/27/09, 1:07 am

1 Answer from Attorneys
David Gibbs The Gibbs Law Firm, APC

Re: Can landlord kick out tenant/roomate who is on month to month without a reason?

You may give the tenant a 30 day notice (as he has lived there less than 1 year) to terminate his tenancy. Make sure that it is properly served, and a proof of service prepared and signed by whomever serves it. If possible, get someone other than yourself to personally serve him with it. You do not have to give a reason - a month-to-month lease is just that - the tenant rents from you one month at a time, and you can terminate it at any time (with proper notice) for no reason whatsoever.

As to your second question, no, you are not entitled to treat prospective tenants any differently just because they will be your roommate. You cannot discriminate regardless of the rental arrangement. You can be selective to a degree, but be very cautious. I believe HUD's website has some pretty good materials on what might and might not be discriminatory rental practices.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 5/27/09, 12:10 pm


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