California Room Rental Agreement (2026)

Q: Do landlord-tenant laws apply when I rent a room in my own home in California?

In most states yes, including deposit rules, statutory disclosures and eviction procedures, although some states exempt owner-occupied homes from certain rules (for example, parts of the federal Fair Housing Act under the 'Mrs. Murphy' exemption; California's FEHA exemption is narrower and applies only to a single roomer in an owner-occupied single-family home). This agreement follows California's general residential rules and prints the state's statutory disclosures that apply to a room letting.

Q: Can I remove a roommate without going to court?

Usually no — once a person is a paying occupant, self-help removal is illegal. California has one exception: an owner who lives in the home and rents to a single lodger may end the arrangement with written notice of at least one rental period (30 days for a monthly tenancy), and a lodger who stays after the notice expires is a trespasser who may be removed by the police without an unlawful-detainer case (Civ. Code § 1946.5; Penal Code § 602.3). With two or more lodgers, or if you are a tenant subletting, you must serve the statutory notice and file an eviction case.

Rent out a room in your home or apartment: private room, shared areas, house rules, utilities split, deposit and notice terms that follow your state's law.

Updated September 2026≈ 8 minReviewed against Cal. Civ. Code § 1950.5 · Cal. Civ. Code § 1671 · Cal. Civ. Code § 1954

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What you'll get

Sample first page of the Room Rental Agreement. Your answers fill in the blanks; the clauses required in California are added automatically.

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What this document covers

Homeowner or primary tenant and the room renter
The private room and the shared areas
Month-to-month or fixed term with state notice rules
Rent, due day and late fee within the state cap
Utilities included, split or fixed
Security deposit cap and return
Overnight guests, quiet hours, smoking and pets
Cleaning and chores
Landlord entry and repairs
State disclosures and lodger rules

California rules that this document follows

Security deposit limit	one month's rent (2 months for small owner-landlords) — 1 month's rent; 2 months if landlord is a natural person/LLC owning no more than 2 properties with 4 or fewer units total (AB 12, eff. 7/1/2024)Source: Cal. Civ. Code § 1950.5(c)
Deposit return deadline	21 days after move-outSource: Cal. Civ. Code § 1950.5(g)
Interest on deposit	Not requiredSource: No state requirement; some cities (e.g., San Francisco, Los Angeles, Berkeley) require interest by ordinance
Late fees	Must be a reasonable estimate of landlord's actual damages; no statutory percentage capSource: Cal. Civ. Code § 1671(d); Orozco v. Casimiro (2004) 121 Cal.App.4th Supp. 7
Landlord entry notice	24 hoursSource: Cal. Civ. Code § 1954(a) (written notice; 24 hours presumed reasonable)
Notice to end month-to-month	Landlord 30/60 days by length of tenancy / Tenant 30 daysSource: Cal. Civ. Code § 1946.1 (landlord 30 days if all tenants resided < 1 year; 60 days otherwise); Civ. Code § 1946

Rules current as of 2026-10-27. Statutes change; verify before relying on them.

How to use this Room Rental Agreement in California

Describe the room and the shared areas precisely, set utilities as a fixed charge or state the split formula to avoid monthly arguments, and put guest, quiet-hour and cleaning rules in writing. Answer the state disclosure questions (flood zone, sprinklers, bed bugs and the like) — they print as actual statements in the agreement. Give the renter a copy, a receipt for the deposit and every attachment listed at the end.

If you are a tenant subletting a room, confirm your lease allows it and get your landlord's written consent first.

Frequently asked questions

Do landlord-tenant laws apply when I rent a room in my own home in California?

In most states yes, including deposit rules, statutory disclosures and eviction procedures, although some states exempt owner-occupied homes from certain rules (for example, parts of the federal Fair Housing Act under the 'Mrs. Murphy' exemption; California's FEHA exemption is narrower and applies only to a single roomer in an owner-occupied single-family home). This agreement follows California's general residential rules and prints the state's statutory disclosures that apply to a room letting.

Can I remove a roommate without going to court?

Usually no — once a person is a paying occupant, self-help removal is illegal. California has one exception: an owner who lives in the home and rents to a single lodger may end the arrangement with written notice of at least one rental period (30 days for a monthly tenancy), and a lodger who stays after the notice expires is a trespasser who may be removed by the police without an unlawful-detainer case (Civ. Code § 1946.5; Penal Code § 602.3). With two or more lodgers, or if you are a tenant subletting, you must serve the statutory notice and file an eviction case.

Other names

roommate agreement
rent a room contract
lodger agreement
shared housing agreement
room lease
house share agreement
boarder agreement

Other states

FormsByState provides self-help document templates and general information, not legal advice. We are not a law firm. For advice about your situation consult a licensed attorney in your state.