Hello! My name is TJ, and I'm an attorney. Thanks so much for the opportunity to assist you! I’ve gone over the details you shared, and I’ll post my initial response shortly. I’ll also post a few quick questions to help me better understand your situation so I can give you a more complete and tailored answer.

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Hi again! In California, since you don't have a written lease agreement with your roommate, the notice to vacate period depends on how long your roommate has lived there. Generally, if they've been there for less than a year, you'd need to provide a 30-day notice. If they've lived there for a year or more, you'd need to give them a 60-day notice. This notice should be in writing, and you should keep a copy for your records since it could be helpful later on.

Let's discuss this in more detail so I can provide a more thorough response.

What type of property is this (e.g., house, condo, apartment, etc.)?

Is this property subject to any rent control ordinances?

Have you ever accepted any form of payment for rent from the roommate?

Thanks for getting back to me. It's helpful to know those details since they have a big impact on how you should move forward. The lack of a formal lease and the payment of rent, even informally, creates what's called a month-to-month tenancy. This means your roommate is a tenant with certain rights, and you have to follow a specific process to end the tenancy.

You need to provide your roommate with written notice to end the tenancy. The type of notice depends on how long the roommate has been living there. If it's been less than a year, you can give them a 30-day notice. If it has been a year or more, you need to give a 60-day notice. This notice should be in a specific format and state the exact date by which they must move out — it's a really important step and has to be done correctly.

You'll need to serve the notice to them properly. The best way to do this is to hand them the notice directly. You should also have someone else witness you serving the notice, and that witness should sign a “proof of service” form, stating when and where you gave the notice to your roommate. This creates a clear record that they were officially notified. Another option is to mail it, but that adds more time and can be harder to prove.

If your roommate doesn't leave after the notice period ends, you can't just change the locks or kick them out — that would be an illegal eviction. At that point, your only option is to file a formal lawsuit in court called an unlawful detainer action. This is the legal process to have a judge order the roommate to move out and, if necessary, have the sheriff remove them from the property.

I think the best way to move forward here is to draft a formal, written notice to vacate. You should make sure it's dated correctly and gives them the right amount of time based on how long they've been living there. Once the notice period has passed, if your roommate hasn't left, your next step would be to file that unlawful detainer action with the court. This is a lawsuit, and it can be a complicated process, but it's the only legal way to force them to leave if they refuse. It gives you a court order that the sheriff can enforce.

Did I completely answer your question and provide all the clarification you need? Feel free to ask any other questions you have about this situation.

Thanks again for letting me assist you!