I recently took on a new room mate. I had her sign a 30 day month to month. She told me she smoked and I made it very clear that she should not ever smoke in my house. (I am the owner of the home.) I don't like the smell and I also have asthma, so it is a health concern as well. She said she never smokes in the house and was actually working on quitting. There are other more trivial isssues. Like lying about many things. But, I don't have to like a room mate to live with them. However, she smoked in my house for the first time only a few days after moving in. I confronted her. She denied. I told her she needed to smoke further away from the house then, because the smoke was coming into my home. Only 4 or 5 days later, I woke up at 11:30 PM to smoke so strong it was burning my eyes. My windows were closed. It was clearly in my house. I talked to her in the morning and told her there was smoke in my house again. A day later I found a cable connector laying on my kitchen counter that had been used as a pipe, but I don't think we are talking tabbaco here. I have smelled that too. I gave her notice and told her from what I read about landlord/tenant law my 30 day notice could convert to a 3 day notice with any further infringements. I have since heard that a room mate situation is NOT the same as a tenant situation and that I can give her 3 days to move and just change the locks. If she continues as she has been, or is just loud and annoying and disruptive as she has been. Seems like revenge sort of behahvior, can I just throw her out?? I hope I have some rights. Seems like most laws are written in favor of tenants. Please help. Thanks. :confused:

Sorry but you heard wrong. She is a tenant and you must follow landlord/tenant law to get her out. You cannot change the locks.

Give her the 3 day notice since she has violated the terms of the lease. If she hasn't left by the end of the 3 days then you have to file a lawsuit for eviction.

Go to Landlord/Tenant Book Index - California Department of Consumer Affairs to read about landlord/tenant law in CA.