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Q.How can a tenant evict his or her roommate?
A.Unfortunately a tenant cannot use the unlawful detainer process to evict a roommate. The unlawful detainer process is reserved for property owners and managers and they can only use the process themselves to evict all of the occupants in a rental (not a select few). California, like most states, does not permit the eviction of just one occupant. This assumes that you do not have a roommate agreement or a tenant-sub-tenant relationship. In such circumstances you a probably stuck with the roommate unless you can find a way to get the roommate to leave voluntarily. If the roommate isn't paying his or her share of the rent or utilities, or causing a nuisance, you can file a claim in Small Claims Court for any money owed or damages for the nuisance. This may prompt the roommate to leave voluntarily if you agree to drop your claim(s). Otherwise, you only other option is to put in your own notice and leave yourself.
If you were the tenant under a lease and you entered into a sub-tenant agreement with the "roommate" or if you own a home and are renting out a room to the roommate, then you may be able to use the unlawful detainer process so long as you follow of the eviction rules (both California law and our your local jurisdiction's if there is a rent control ordinance).
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