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When your roommate has month-to-month tenancy, California state law says that you can evict them by serving 30 or 60 days' notice without any reasoning. Certain cities require just cause be provided to month-to-month tenants if they are living in a rent-controlled or subsidized housing program.
A lease with a term of one year or less may be created by verbal agreement. However, for the sake of clarity and to reduce the risk of disagreement (both during the lease term and after tenant's surrender of the premises), all leases, even those with month-to-month terms, should be reduced to written form.
If you want to evict a month-to-month tenant in California, you will have to give them a 30-day notice if they've been living in your dwellings for under a year, or a 60-day notice if they've been living in your unit for over a year.
The eviction process for landlords Give notice. You have to give your tenant a written Notice before you start an eviction court case. ... Start a court case. ... Ask for trial date or default judgment. ... Go to trial. ... After the judge decides.
The landlord can include you in an eviction (unlawful detainer) court case even if your name is not on the lease or rental agreement.