Understanding Roommate Laws in California Co-tenant: If your roommate signed the lease with you, they have equal rights to the property. Evicting them often requires coordination with the landlord.
Breaking a lease in California with a roommate happens. If you or a roommate moves out, you're both still responsible for paying rent as per your lease. If the person not making the payment (breaking the lease) has a co-signer, the co-signer will be contacted for the remaining rent.
The landlord can include you in an eviction (unlawful detainer) court case even if your name is not on the lease or rental agreement.
At the absolute maximum, depending on how "extended" the guest's stay has been, he or she should be out of the house within a week. If you have a good relationship and your roommate is relatively sane, this should be more than enough to get the freeloader out.
Agreements that are over a year should be in writing to be enforceable in court. Agreements that are a year or less can be verbal or written.
A: A roommate agreement is a contract made between the residents of a rental unit. The agreement outlines the terms, conditions and responsibilities agreed to by each of the residents. Roommate agreements are sometimes referred to as roommate contracts.