Okay, So I live here in California. We have this roommate that doesnt do anything around the house pays rent late often and is a general nuisance. We asked him to move out multiple times, even gave his portion of the security deposit back for him to move when he had "found a place", which he spent and then didnt move. He currently has the master bedroom with attached bathroom and doesnt feel he needs to share the bathroom even though we have 6 people living in the house. He doesnt pay anything extra for this bathroom or room, and refuses to pay extra when rent time comes, when he does actually pay his rent on time that is. So basically, what I wanna know is what the question states. Is it illegal to move his room to one of the smaller rooms while he is away on a 3 month long trip, for which he only paid for 2 of the months.
We're on a month to month at the moment, having had our lease run its course a few months ago. We are going to talk to the rental agency about resigning the lease to add people and have some others leave anyways, I just wanted to have someone weigh in on this before we went any further. Ideally we want him to move out, but this will ease things on everyone else.
Oh, also, his room isn't locked or anything like that, so there wouldnt be any breaking into the room. Just a room swap.

