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Q.How can I evict a roommate for nonpayment of the rent?
A.You can only evict the roommate if the roommate pays you (not the landlord) his or her portion of the rent or if you have a written agreement with the roommate. If the roommate is paying his or her share of the rent directly to the landlord, then the only person with the power to evict is the landlord. Worse, the landlord cannot evict just one occupant of a rental; either everyone in the rental must be evicted or no one.
If you pay of all of the rent or if you have a written agreement with the roommate, then you as the master tenant can evict the roommate (a.k.a. subtenant) by properly serving a 3-Day Notice To Pay Rent or Quit. If the roommate doesn't pay within 3 days, then you can file an unlawful detainer action against the roommate.
We strongly suggest that all roommates enter into a written roommate agreement that sets forth the house rules, and the rights and responsibilities of each roommate.
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