From your description of the behavior, it sounds like your roommate is harassing you. for the purpose of enforcing the order. The matter can escalate beyond small claims court if a roommate dispute centers around everyone being evicted because of the actions of just one of them. of a party. Even if this much precaution is not possible, try to line up at least two different places where you can stay if you feel uncomfortable at home. Landlords, property owners or property management companies may rightfully evict a cotenant renter for numerous reasons in California, such failure to pay rent on time or a violation of any of the provisions in the lease agreement. The subtenant has no specific responsibilities to the original tenant's landlord. notice. Deprivation by a caregiver of basic things or services you need so you will not suffer physically, mentally, or emotionally. Outside of sublets, if one roommate in a cotenant lease believes that another roommate has violated the rental agreement, he may request that the landlord evict the offending roommate. (4) Each appropriate law enforcement agency shall make available information as to Information provided by readers is not confidential. It even protects you if you're being abused by someone you're dating . But when things go wrong, it can feel like hell. Stay up-to-date with how the law affects your life. Alternatively, you don't feel safe living with your roommate while you go through the eviction process, you can file a police report and pursue a restraining order. issued on forms adopted by the Judicial Council and approved by the Department of Verbal notice shall include the information required pursuant to paragraph (4) of You need to contact your landlord, apprise him or her of your living situation and request to terminate your lease early. (v), the notice shall identify the information, specifically, that has been made confidential You have a close relationship with that person (married or registered domestic partners, divorced, separated, dating or used to date, have a child together, or live together or used to live together but more than roommates), or you are closely related (parent, child, brother, sister, grandmother, grandfather, in-law). Lacking minor repairs typically doesn't make a rental uninhabitable in the eyes of the court, but serious health and safety issues or deficiencies very well might. Well, there can be a wide range of things that can be considered roommate harassment. of requesting or opposing a request for a temporary restraining order or order after 3 Steps to Evict a Roommate Not on the Lease. shall contain a statement in substantially the following form: If you have been personally served with this temporary restraining order and notice She made up lies about my other roommate and her boyfriend and about her family and spread them and always told me these things. After serving notice and allowing the notice period to pass, you must file paperwork with the court to begin an unlawful detainer suit against your roommate. 0 comments. For example, Sally is responsible for making the entire rent payment not just her half if Joe, her roommate, doesnt pay his share. and to find out the duration of that order, contact the clerk of the court.. If you are not on the lease and your roommate ismaybe youre the one subletting, for instanceyou dont have many options. The court could then order your roommate to stay away from your rental house. California's civil harassmentlaw, California Code of Civil Procedure section 527.6 CCP, has its own legal definition of harassment. This order will require your roommate to leave the apartment immediately. Federal law, in the form of the Civil Relief Act, also takes the side of active military servicemembers. Certain cities require just cause be provided to month-to-month tenants if they are living in a rent-controlled or subsidized housing program. (d) Upon filing a petition for orders under this section, the petitioner may obtain (p)(1) Either party may request a continuance of the hearing, which the court shall To do that, several things need to be looked at, like: what type of relationship there is between the person being abused or harassed and the person doing the abuse/harassment; the age of the person being abused or harassed; and the type of abuse or harassment. In this case, the long arm of the law isn't just long, it belongs to someone else, but the eviction process will proceed for the contenant just as it would for a regular, singular tenant. In California, roommate arrangements can be boiled down to two types of arrangements when the landlord does not live in the rental unit. (2) The court shall order the petitioner or the attorney for the petitioner to deliver In this series, we want to resolve the quandaries. Essentially, the landlord makes a contract with all of the roommates. until the party who is protected can be properly noticed and may, upon a showing of One good way to evict your roommate is to start writing a letter, asking your roommate to leave. As long as the roommate provides the landlord with written notice of his intent to terminate the lease due to active service, the tenancy is considered terminated 30 days after the next rent due date. Even with a clear written roommate agreement, disputes might arise. Your roommate would then be your sub-tenant. If that is the case, you would need to go to court to evict them and show either that your roommate violated the terms of your sublease or that there was no specific time period for the tenancy and thus you can terminate it at any time. to the Department of Justice in accordance with either paragraph (2) or (3). to afford actual notice to the protected party. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. Read about the lawstarting withFamily Code section 6200. Be specific and let your roommate know how to keep the peace in the future. Speak up if youre upset by something your roommate (or a roommates guest or pet) did or didnt do, said, or didnt say. A co-tenant can, however, evict a subtenant. (j)(1) In the discretion of the court, an order issued after notice and hearing under protective or restraining order to be issued, if either of the following conditions He has brought a dog into the house, which has created a strong odor and mess around the place. How Do I Evict Someone When There Is No Lease? to matters governed by this section. or household members. Evicting a Tenant Just as the tenant has rights, so does the landlord, even in roommate situations. harassing, abusing, stalking, or; threatening you. As per most roommate harassment laws, putting your request in writing creates a paper trail for if and when you go to court. She might appeal to their landlord for assistance in evicting him, or she has the right to call the police if Joes behavior should become dangerous, threatening or abusive in any way, just as someone whos not living with him could do. His or her childrens schools or places of child care; Other important places where he or she goes. to subdivision (b) of Section 1005, of the proceeding by personal service or, if the Remember: Any agreements should be written down and signed by both parties. If you and your roommate have no written agreement, but they've paid rent to the landlord or lived with you for more than 30 days, then they have established a month-to-month tenancy. court costs and attorney's fees, if any. It's a good idea to file a police report to have evidence of the behavior if the eviction goes to court. Law Enforcement Telecommunications System (CLETS). It may affect his or her ability to see his or her children. If your roommate is a subtenant (meaning you sublet your apartment out at a cost), then you can evict them. including, but not limited to, making annoying telephone calls, as described in Section 653m of the Penal Code, destroying personal property, contacting, either directly or indirectly, by mail issued by a court pursuant to this section shall be issued on forms adopted by the that is generally reserved for the party and the party's attorney. The law considers being violent or stalking another tenant just cause for eviction, allowing you to evict the perpetrator with only three days of notice. Threatening your roommate will only hurt in this case as you will be the one in legal trouble as a result of that. A co-tenant arrangement occurs when all roommates have a contractual relationship with the landlord. If you have a guest that has stayed in your apartment for more than 30 days, then they have become a tenant at will and you cant just throw them out, either. Domestic violence victims may circumvent regular relocation requirements if they have otherwise complied with other Section 8 requirements, have moved in order to protect someone who is or has been a domestic violence victim, and reasonably believed that they were imminently threatened by harm from further violence. But if it doesnt specify, generally in California ahouseguest becomes a tenant after 30 days. The stairs has a bad odor and my room has a bad smell and was covered with dog hair at move-in. You want to protect you and your family from . Also be sure to read our full Guide to Tenants Rights. Additionally, the issues are fairly minor and easily resolvable. is sufficient notice for purposes of this section and for purposes of Section 29825 of the Penal Code. If a tenant is part of any of the U.S. uniformed services, which include the armed forces, activated National Guard, commissioned corps of the National Oceanic and Atmospheric Administration, or the Public Health Service, the servicemember may terminate her tenancy if she is called to enter active military service. Either you or your agent must serve this notice of eviction, in line with the law. You cant evict them. When someone is being abused or harassed, he or she needs to decide on the best way to get legal protection from the abuse or harassment. who alleges they are a victim of violence. (Note: be sure to read our Guide to Eviction). States typically require that the tenant provide proof (such as a protective order) of her status as a domestic violence victim. Nonetheless, the court will set a trial date within 20 days from when you get the notification. themselves of the services described in this subdivision. You are between 18 and 64 and have certain mental or physical disabilities that keep you from being able to do normal activities or protect yourself; Treatment that has physically or mentally hurt you, or. If that wont work, then maybe you can find a third party whom both you and your roommate trust to mediate an acceptable resolution for both parties. She specializes in family law and estate law and has mediated family custody issues. E-mail renting questions to kklein@kleinpa.com, or write to Kelly Klein c/o Star Tribune, 425 Portland Av. (m)(1) Except as provided in paragraph (2), upon the filing of a petition under this section, the respondent shall be personally served Provide any evidence of the reason for the eviction. of confidential information has been made without a court order, the court may impose It can be complicated so be sure to speak to a lawyer for your situation. If the employee wants to protect him or herself, he or she can ask for a civil harassment restraining order (or a domestic violence restraining order if the abuser is a partner/spouse or former partner/spouse or close family member). The person the restraining order is against is the "restrained . Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs. 1-800-4-A-CHILD (1-800-422-4453) & www.childhelp.org, 1-800-273-8255 (TALK) & www.suicidepreventionlifeline.org, 1-202-737-6444 & www.nationalhomeless.org, 1-800-537-2238 & www.nrcdv.orgorwww.vawnet.org, 1-888-792-2873 & www.futureswithoutviolence.org, 1-312-726-7020 ext. order or protective order issued at the hearing may be served on the respondent by ex parte or after notice and hearing: (A) An order enjoining a party from harassing, intimidating, molesting, attacking, By This is an ideal claim for Small Claims court. Generally speaking, yes, you can sue your roommate if they break the lease. More. If the roommate harassment in question constitutes violence, heres what you can do. loft apartment image by Christopher Martin from, What to Do If a Roommate Breaks the Lease: California Tenant Law, Difference Between Leaseholders & Occupants, Lawyers.com: Roommates Your Rights and Liabilities, NOLO: Renting a House or Apartment With Roommates, Rent.com: 3 Instances Where Your Roommate Might Try to Sue You, U.S. Bureau of Labor Statistics: Consumer Expenditures 2018, Legal Beagle: How to Get Rid of a Roommate Legally, Legal Beagle: Rights for Roommates Not on a Lease, Legal Beagle: How to Get Off a Joint Lease, Legal Beagle: California Security Deposit Law: A Guide for Landlords & Tenants, Legal Beagle: California Sublet Laws: Rules for Tenants & Subtenants. Written notice must always state that the tenant has a certain number of days until the tenancy will be terminated. If it is less than one year, youll need to give at least 30 days notice. If there is no written lease, or if the lease does not adequately address these issues, you have a problem that needs to be rectified with the guidance of Bornstein Law. If theres a reason for the eviction, you must also specify this in the notice. This can include a neighbor, a roommate, or even a friend that you haven't been on a date with. You're able to evict in these situations because you're legally considered your roommate's landlord. Civil harassment has a specific definition in the law, and while his can vary a bit from place to place, here's the generality for Californ California Court Services Status Due to COVID-19 This handbook is designed for all participants, those taking, defending or facing a deposition The law only allows the victim of domestic abuse or sexual assault . Your landlord may not know there is a dog living in the house, or may have approved your roommates request to have a dog in the house. Discover the 10 Best Parks in LA for Picnics, Hikes, and Dog Walks, The Best Ways to Negotiate a Rent Increase, Rent rooms and find roommates in our verified community. pursuant to Section 29825 of the Penal Code. Unfortunately its not an easy answer. the order and shall at that time also enforce the order. (n) A notice of hearing under this section shall notify the respondent that if the I believe Im living in a hostile environment. To request an OFP go to the county courthouse where your rental property is located. (u)(1) A person subject to a protective order issued pursuant to this section shall This may include how you will resolve any problems that come up, and knowing your legal rights as a roommate. If you are being abused in any of these ways or you feel afraid or controlled by your partner/spouse or someone you are close with, it may help you to talk to a domestic violence counselor, even if you do not want (or are not sure if you want) to ask for legal protection. Just as the tenant has rights, so does the landlord, even in roommate situations. Certain cities require just cause be provided to month-to-month tenants if they are living in a rent-controlled or subsidized housing program. In similar fashion, a tenant might assign his or her lease to a new tenant or occupant, which then begins the game of musical chairs and creates a quagmire where the rental property owner does not know who is living in their units. in paragraph (6) of subdivision (b). (2) The court shall order a person subject to a protective order issued pursuant to are sought and, if the petition is granted, the restrained person. Unfortunately, you cant just evict a roommate in California. If the roommate has threatened or engaged in real physical violence against you, you can get a Domestic Violence Temporary Restraining Order from court that asks for a residence exclusion order. (3)(A) If the request is granted, except as provided in paragraph (4), information Including a section on dispute resolution in your roommate agreement, perhaps an agreement to try mediation on specific issues might help. a copy of an order issued under this section, or reissuance, extension, modification, You do have legal recourse against your tenant. However, some localities in California have their own distinct just cause laws, notably Los Angeles, Santa Monica and Glendale. (2) The court may order the information specified in paragraph (1) be kept confidential Roommate Harassment Laws Roommates' rights can be limited when their behavior gets seriously out of line. Is your roommate the only one on the lease? Typically, only a landlord can file an eviction case, so you can request that your landlord file an eviction naming only your roommate, and not you, but this can be risky. has or is reasonably likely to have the ability to pay. If your roommate is not paying rent, doing something illegal in the unit, or damaging the apartment, your landlord may step in to evict them for you. You may have many reasons to sue your roommate; however, whether or not you can depends on the state in which you live. (4) If information about a minor has been made confidential pursuant to subdivision If they have lived in the unit with you for less than one year, you must provide only thirty days notice. So, a landlord cannot refuse to rent (or terminate) solely because the person is a victim of domestic violence. In granting a continuance, the court may modify or terminate a temporary restraining Send this article to anyone, no subscription is necessary to view it, Anyone can read, no subscription required, See He or she might have to move out of his or her home. In other words, roommates who initially occupied your rental unit as a subtenant may be catapulted to the status of a co-tenant by your acceptance of rent, even if they are not named in the lease. or residing in the residence or household of the petitioner, the court may do either A request for renewal may be brought any time within the three months before the to this subdivision shall be served personally or by first-class mail with a copy or from appearing on the party's own behalf. An OFP doesn't require an attorney and does not cost. is filed. According to California law ( CA Civil Code 1940-1954.05 ), tenants have certain rights, including the right to a habitable dwelling or due process for evictions. Tell your landlord you can no longer live in the house under the current conditions, and that you would like to work out an arrangement that is agreeable for both you and your landlord. If your roommate is threatening you, harassing you or hurting you, you can apply for an Order for Protection (OFP) or a Harassment Order. party is physically present in court and does not challenge the sufficiency of the The civil harassment laws say "harassment" is: Unlawful violence, like assault or battery or stalking, OR A credible threat of violence, AND The violence or threats seriously scare, annoy, or harass someone and there is no valid reason for it. An assignment is an agreement to transfer the lease. In a variety of situations, California law gives a roommate the legal right to break a lease before the lease agreement reaches its end date. In order to benefit from extended protection to victims of domestic violence, check with local law enforcement or a womens shelter regarding state laws applicable to your situation. with a duration of three years from the date of issuance. neighbors, roommates, and; non-dating friends. One co-tenant cannot evict another co-tenant, no matter how despicable the behavior. Usually, a victim of domestic violence can end a lease with notice (often 30 days). has been unable to accomplish personal service, and that there is reason to believe It is up to you to prove that you followed the correct steps for serving notice. Beverly Bird is a practicing paralegal who has been writing professionally on legal subjects for over 30 years. and shall include a statement that disclosure or misuse of that information is punishable been served personally with the order but has received actual notice of the existence Once you start thinking about getting a replacement (and screening them so that this never happens again) we can takeover. this section to relinquish any firearms the person owns or possesses pursuant to Section 527.9. In general, you cannot just physically remove your roommate (that could be considered assault or battery), and you cant just change the locks. or threatened violence against the petitioner, stalked the petitioner, or acted or However, if a roommate is not named on the lease, the named roommate may be held responsible for the full rent that is owed to the landlord. Closely related (like parent, child, brother, sister, grandmother, grandfather, in-law). A person who makes a disclosure pursuant to this clause is subject to the sanction If you are evicting for just cause and your roommate remedies the situation, you cannot move forward with the eviction process. The order may be renewed, upon the request of a party, for a duration of no more Theyve each individually entered into a legal rental agreement or lease with the landlord. (such as a friend or roommate), or are secondarily related to (such as a cousin, aunt/uncle . Justice shall not, in and of itself, make the order unenforceable. Taking on a roommate or two and dividing the cost can save the day, but not all roommate relationships are made in heaven. the alleged harassment, or may file a cross-petition under this section. Subletting is an option, too, but it's very common for lease agreements in California to explicitly disallow subletting. In California, roommate arrangements can be boiled down to two types of arrangements when the landlord does not live in the rental unit. and substance of the order through personal appearance in court to hear the terms However, if your life is in danger, go right ahead and evict that roommate. A subtenant is someone who moves in after a lease has been entered into by other tenants and who isnt added to the existing lease or to a new lease with the landlord. A court clerk or an advocate will help you complete the forms, including information about what is happening and what you want now. Only a landlord can evict someone who is named on a lease, and can only do so with just cause. (B) The protective or restraining order issued pursuant to this section is based upon Treatment that has physically or mentally hurt you. In order to evict a roommate who has established residency in NYC, you must use the court system to evict your roommate, even if he or she is not listed on the lease as a tenant. More rarely than a cotentant lease, roommates are in a sublet situation. Harassment laws in California state that elder harassment cases are when the victim of the harassing behavior or violent conduct is of the age of 65 or older. first-class mail sent to the respondent at the most current address for the respondent agency authorized by the Department of Justice to enter orders into the California
