California Roommate Agreement

Q: What does a California roommate agreement cover that the lease does not?

The lease is between the tenants and the landlord. A California roommate agreement is a separate contract between the co-tenants themselves, covering rent splits, chores, guests, and how the roommates handle issues like a security deposit split or removing a non-paying roommate that California's landlord-tenant statutes do not address.

Q: Can a roommate agreement override what my lease says in California?

No. A California roommate agreement does not bind the landlord and cannot change the lease. If the lease requires landlord consent to add a subtenant or prohibits subletting, that term still controls unless the landlord agrees otherwise, or, inside San Francisco, the Rent Ordinance's roommate-replacement procedure applies.

Q: Can I remove a roommate without a formal eviction in California?

Only in one narrow case: a single lodger living in a home the owner also personally occupies can be removed with written notice under Civil Code Section 1946.5, followed by police removal rather than a court case. Outside that situation, an ordinary California co-tenant cannot be removed without the landlord filing a formal unlawful detainer or a court granting a protective order.

Q: Is a California roommate a co-tenant or a subtenant?

It depends on the paperwork with the landlord, not on the roommate agreement. A roommate named on the rental agreement with the landlord is a co-tenant; a roommate who only has an arrangement with the original tenant is a subtenant with no direct obligation to the landlord. Check the lease to know which applies.

Q: How do California roommates split a security deposit refund?

No California statute addresses this. The deposit statute, Civil Code Section 1950.5, governs only the landlord-tenant relationship, not how co-tenants divide a refund or reimburse each other for damage. Put the split or reimbursement rule in the roommate agreement, since nothing else will govern it.

Q: Does California law let me add a new roommate even if my lease says no?

Generally no. Unlike New York, no California statute gives a tenant an affirmative right to add an occupant over the landlord's objection, so the lease controls. The one exception is San Francisco, where the Rent Ordinance lets a tenant add or replace a roommate through a deemed-approval procedure even if the lease prohibits it.

Q: Does San Francisco have different roommate rules than the rest of California?

Yes. San Francisco's Rent Ordinance adds two rights beyond state law: a resident master tenant who disclosed it in writing beforehand may evict a subtenant without just cause, and a tenant can replace a departing roommate or add an occupant through a landlord deemed-approval process, even where the lease prohibits subletting. Neither rule exists outside San Francisco.

Q: Can a California landlord refuse a roommate based on sex?

For shared living arrangements within a single dwelling unit, California's fair housing law exempts sex-specific roommate-wanted language, and separately lets an owner-occupier refuse a roomer or boarder in their own single-family home, capped at one roomer. That exemption does not extend to refusals based on race, religion, disability, or other protected traits.

The California rules that shape the document: the owner-occupier lodger law, the security deposit gap between roommates, and the San Francisco overlay.

Find out where you stand in California

Where are you with your roommate arrangement?

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Introduction

A roommate agreement is a private contract between co-tenants, not a lease, and it does not bind the landlord or change what the lease says. In California, a handful of state rules sit on top of the national template: an owner-occupier can remove a single lodger without a court eviction (Civil Code Section 1946.5), no statute addresses how departing roommates split a security deposit, and San Francisco's Rent Ordinance layers extra rights on top of state law for tenants inside the city. Everything else, the rent split, chores, guests, and quiet hours, is covered by the national template.

Key Things to Know

1
California is the only state in this cluster with a lodger statute (Civil Code Section 1946.5): an owner-occupier housing a single lodger can end the lodging with written notice, and once the notice period lapses the lodger's right to stay ends by operation of law, with removal handled by police under Penal Code Section 602.3 rather than a court eviction. This applies only to a single lodger in an owner-occupied home, not to ordinary co-tenants.
2
Outside that narrow lodger situation, neither California roommate can remove the other on their own. Removing an uncooperative co-tenant requires the landlord to file a formal unlawful detainer, or a court protective order authorizing the landlord to change the locks.
3
No California statute gives a tenant the right to add a roommate over the landlord's objection, unlike New York's Roommate Law. The lease controls whether a new roommate may move in, except for the added local right San Francisco tenants have.
4
Whether a California roommate is a co-tenant on the lease or a subtenant of the original tenant depends entirely on the paperwork, and that status decides who can act against whom.
5
No California statute addresses how departing roommates split a security deposit refund. Civil Code Section 1950.5 governs only the landlord-tenant relationship, so the split is left to this agreement or small claims court.
6
California's fair housing law lets an owner-occupier refuse a roomer or boarder in their own single-family home, capped at one roomer, and permits sex-specific roommate-wanted language for shared living areas (Government Code Section 12927(c)(2)). It does not exempt refusals based on other protected traits.
7
San Francisco tenants get two added local rights under the Rent Ordinance: a disclosed master tenant may evict a subtenant without just cause, and a tenant can replace a departing roommate or add an occupant through a landlord deemed-approval process even where the lease prohibits it.

Key decisions before you file

Before you file a Roommate Agreement in California, a few decisions shape the document: which option to choose and what each one means. The Roommate Agreement guide walks through them.

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California Roommate Agreement (Compact State Terms)

Use this compact set with the full national Roommate Agreement template, which covers general co-tenant terms: parties, rent split, chores, guests, and quiet hours. What follows covers only what California law changes. This Agreement is between the co-tenants named in it. It is not a lease, and it does not bind the landlord or alter the lease.

1. Governing Law. This Agreement is governed by the laws of the State of California.

2. Co-Tenant or Subtenant Status. Whether a roommate is a co-tenant on the lease or a subtenant of the original tenant depends on the paperwork with the landlord, not this Agreement. California does not require landlord consent to add a subtenant absent a contrary lease clause, but most leases require it. Check the lease; this Agreement does not relieve any lease obligation.

3. Rent Liability to the Landlord. Where multiple roommates sign the same lease, California's general contract rule (Civil Code Section 1659) presumes their shared promise to pay rent is joint and several, so the landlord may seek full rent from any one signer. This does not set roommate reimbursement; the parties agree to reimburse as follows: [specify].

4. Security Deposit Between Roommates. No California statute addresses how co-tenants split a deposit refund or reimburse each other for damage. Civil Code Section 1950.5 regulates only the landlord-tenant relationship. The parties agree the deposit will be split or reimbursed as follows: [specify].

5. Removing a Roommate. (a) If a single lodger resides in a dwelling the owner personally occupies, the owner may end the lodging with written notice under Civil Code Section 1946.5. Once notice lapses, the lodger's right to remain ends by operation of law, and removal is by police under Penal Code Section 602.3, not a civil unlawful detainer. This does not apply where more than one lodger resides, or between co-tenants both on the lease. (b) For an ordinary co-tenancy, neither roommate may remove the other unilaterally; removal requires a formal unlawful detainer by the landlord, or a court protective order authorizing a locksmith change.

6. Adding or Replacing a Roommate. No California statute gives a tenant a right to add an occupant over the landlord's objection. This Agreement does not override landlord consent rights. San Francisco tenants have an added local right; see Section 8.

7. Roommate Selection. California's fair housing law exempts an owner-occupier's refusal to rent a room in their own single-family home to a roomer or boarder, capped at one roomer, and exempts sex-specific roommate-wanted language for shared living areas (Gov't Code Section 12927(c)(2)). It does not reach refusals based on other protected traits.

8. San Francisco Overlay. Inside San Francisco, under the Rent Ordinance: a resident master tenant may evict a subtenant without just cause if disclosed in writing before the subtenancy began (S.F. Admin. Code Section 37.9(b)). A tenant may also replace a departing roommate or add an occupant through a deemed-approval procedure, even if the lease prohibits it. Neither rule applies outside San Francisco.

9. No Effect on the Lease. This Agreement binds only the signing co-tenants. It does not modify the lease, bind the landlord, or obligate the landlord to accept a new occupant.

This compact California set supplements the national Roommate Agreement template. It is general information, not legal advice; attorney review is available.

California Requirements for Roommate Agreement

California Lodger Removal Right (Single Lodger Only)
An owner-occupier housing a single lodger may end the lodging with written notice under Civil Code Section 1946.5. Once the notice period lapses, the lodger's right to remain ends by operation of law and removal is handled by police under Penal Code Section 602.3, not a civil unlawful detainer. This applies only where the owner personally occupies the home and only one lodger resides there.
California Co-Tenant Removal Requires Formal Eviction
Outside the single-lodger situation, no California co-tenant may remove another unilaterally. Removal requires the landlord to pursue a formal unlawful detainer, or a court protective order authorizing the landlord to change the locks. The agreement should not suggest any self-help removal right.
California Security Deposit Split Between Roommates
No California statute addresses how departing roommates split a security deposit refund or reimburse each other for damage; Civil Code Section 1950.5 governs only the landlord-tenant relationship. State the split or reimbursement rule explicitly in the agreement.
California Rent Liability to the Landlord
Where multiple roommates sign the same lease, California's general contract rule (Civil Code Section 1659) presumes their shared promise to pay rent is joint and several to the landlord. This does not set how roommates reimburse each other; the agreement should state that split separately.
California Roommate Selection and Fair Housing
California's fair housing law exempts an owner-occupier's refusal to rent a room in their own single-family home to a roomer or boarder, capped at one roomer, and exempts sex-specific roommate-wanted language for shared living areas (Government Code Section 12927(c)(2)). Other protected traits remain fully covered.
San Francisco Master Tenant and Roommate Replacement Overlay
Inside San Francisco, the Rent Ordinance lets a disclosed master tenant evict a subtenant without just cause, and lets a tenant replace a departing roommate or add an occupant through a landlord deemed-approval procedure even where the lease prohibits subletting. Neither rule applies outside San Francisco.

Frequently Asked Questions

What does a California roommate agreement cover that the lease does not?

Can a roommate agreement override what my lease says in California?

Can I remove a roommate without a formal eviction in California?

Is a California roommate a co-tenant or a subtenant?

Who is responsible for rent if a roommate in California does not pay?

How do California roommates split a security deposit refund?

Does California law let me add a new roommate even if my lease says no?

Does San Francisco have different roommate rules than the rest of California?

Can a California landlord refuse a roommate based on sex?

Find out where you stand in California

Introduction

Key Things to Know

Key decisions before you file

Customize your Roommate Agreement Template with DocDraft

California Roommate Agreement (Compact State Terms)

California Requirements for Roommate Agreement

California Lodger Removal Right (Single Lodger Only)

California Co-Tenant Removal Requires Formal Eviction

California Security Deposit Split Between Roommates

California Rent Liability to the Landlord

California Roommate Selection and Fair Housing

San Francisco Master Tenant and Roommate Replacement Overlay

Frequently Asked Questions