Can a roommate who never signed the lease just leave? He told us two days before that he was moving out. One night he just brings a friend over and they start taking his stuff out. He didn't tell us he was moving out that night. Only two days notice. Is that legal? What are our rights?

The roommate was under a month to month lease. Generally such an arrangement requires notice equal to one rental period. If he did not give sufficient notice you can sue him for the rental he owes for the notice period.

Im not answering myself, but another question. (sorry Im new to this thing). Our lease is a one year lease. He told us he'd be staying until the lease was up and we've talked about it before. I don't think it makes a difference, but let me know if it does.

No, your lease doesn't have a bearing. Since he didn't sign it, then YOU are his landlord, not the people who are your landlords.

Thank You Sooooooo Much! One last quick question, do you know how I would proceed with this situation at hand. I know it's small claims court, but would this be conducted in a district court house.

You should be able to go online and find Small Claims court rules for your area. They vary widely.