A roommate arrangement is when multiple adults occupy a single unit together. In most cases, the renters are not related, but siblings and cousins can be roommates as well. With a traditional roommate arrangement, all roommates share a single lease.
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.
30-Day or 60-Day Notice: For month-to-month agreements, provide a 30-day notice if they've lived in the property for less than a year, or a 60-day notice if they've stayed longer. Notice to Vacate for Unlisted Occupants: For roommates not on the lease, use a general notice to vacate as the first step.
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.
Here are the states that do explicitly state when guests are considered tenants: StateWhen guests become tenants California After 14 days within 6 months or 7 consecutive nights Colorado After 14 days, within 6 months Connecticut After 14 days, within 6 months Florida After 14 days within 6 months or 7 consecutive nights19 more rows •
The law is Civil Code section 1946.5. In general, you first give the lodger written notice. Then, if they don't move out by the end of the notice period, they are considered trespassing. You can ask law enforcement to remove them.
How to write a roommate agreement Names of both tenants. The property address. The dates the lease begins and ends. The amount of rent each person pays. Who pays for utilities. Who pays the security deposit. Which bedroom each person occupies. Who buys food, or if you're each buying your own food.
However, it's crucial to remember that while your roommate agreement is a binding contract between the roommates, it's not the same as a formal lease agreement. Thus, any eviction based on it must still adhere to Florida's landlord-tenant laws.
It is possible to draft your own lease agreement, but you are leaving yourself open to issues.
You probably don't expect to sue your roommate someday. Yet, it does happen. An agreement creates expectations to keep the living arrangement fair. They also provide protection and peace of mind because they are legally binding.