California · Roommate Agreement
California Roommate Demand / Agreement
California roommates navigating disputes over unpaid rent, security deposit splits, lease-breaking, or property damage have access to small claims court (up to $12,500) without needing a lawyer. A formal written roommate agreement or demand letter creates a documented record that is essential for small claims proceedings. California's anti-retaliation statute (Cal. Civ. Code § 1942.5) also protects roommates who assert legal rights from retaliation by co-tenants who are primary leaseholders.
California roommate disputes, including unpaid rent and security deposit splits, are handled in small claims court up to $12,500, with no lawyer required.
Governing law
Cal. Civ. Code § 1942.5 (retaliation) + Cal. Code Civ. Proc. § 116.220 (small claims) + Local rent ordinances
Start Your California Roommate Letter
Cites Cal. Civ. Code § 1942.5 (retaliation) + Cal. Code Civ. Proc. § 116.220 (small claims) + Local rent ordinances. Formatted for USPS Certified Mail. Instant PDF.
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California Roommate Agreement FAQs
How do I split a security deposit dispute with my California roommate?▾
A written roommate agreement specifying each person's deposit contribution is the strongest protection. If no agreement exists, California courts apportion deposits based on evidence of each party's contribution and damage caused. Send a formal demand letter documenting your deposit payment and any agreements before filing in small claims court.
Can I kick out a roommate who won't pay rent in California?▾
It depends on the lease structure. If you're both on the lease, you cannot unilaterally remove a co-tenant, you'd need to go through the formal eviction process with the landlord's involvement. If you're the primary leaseholder and the roommate is a subtenant, you can serve a 3-day notice and then file for eviction in Superior Court.
What should a California roommate agreement include?▾
Rent amount and payment schedule for each person, security deposit contribution and return terms, utilities division, rules for guests and subletting, notice period required to move out, and what happens if someone breaks the lease early (penalty or buyout terms). A signed written agreement is enforceable in small claims court.
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