Legal Question in Real Estate Law in California

If I have a roommate who isnt on the lease can I call the police and have him removed?


Asked on 5/15/11, 2:07 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Is the roommate committing crimes or do you just want to end the roommate situation and get rid of him/her?

In the former case, calling the cops is probably appropriate.

In the latter case, no, especially if it is pretty clear that the roommate is, or can argue he/she is, a co-tenant or your sub-tenant. Paying rent (whether directly to the landlord or to you), or participating in expenses, is likely to give your roommate subtenant status. You would have to go through a formal eviction process, with written notice and all that.

Even if the roommate is a guest, not a tenant, and has worn out his/her welcome, he/she is entitled to informal notice but must leave as soon as reasonably possible before it becomes a police matter.

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Answered on 5/15/11, 9:35 pm


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