California Roommate Agreement
The California rules that shape the document: the owner-occupier lodger law, the security deposit gap between roommates, and the San Francisco overlay.
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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
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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.
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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.
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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.
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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.
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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.
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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.
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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 Requirements for Roommate Agreement
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.
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.
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.
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'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.
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
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.
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.
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.
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.
Where multiple roommates sign the same lease, California's general contract rule presumes their promise to the landlord is joint and several, so the landlord can seek the full rent from any one of them. How the roommates reimburse each other is not set by statute; the roommate agreement should state that split explicitly.
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.
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.
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.
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.