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.
If there are unknown occupants, the Sheriff or Registered Process Server may serve the unknown occupants a Prejudgment Claim of Right to Possession (Form CP 10.5) as well as copies of the Summons and Complaint.
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.
The amount of notice required for eviction in California depends on the reason for the eviction. For a tenancy without a lease, the landlord must typically provide a 30-day notice to vacate if the tenant has resided in the property for less than a year, or a 60-day notice if the tenancy has lasted a year or more.