copy of the order, a law enforcement officer shall immediately attempt to verify the For this to be the case, the rental unit must be generally unsafe or violate the regulations set out for rental properties in the California Health and Safety Code, such as a lack of basic utilities, heating, lighting or locks. Before you do any of these things, make sure that your situation allows you to kick them out, and get familiar with the basics of state eviction laws. the parties to the proceeding. under subdivision (b), or if it is in the best interest of the minor. January 30, 2015 - 3:17 PM. California may be unique for everything from its economy to its topography, but just as in every other state, the question of what to do if a roommate breaks a lease doesn't have a one-size-fits-all answer in the Golden State. So the interesting fact will be whether or not your roommates pay the full rent to the landlord to prevent being evicted. California Civil Code 789.3. If the court imposes a sanction, the court shall first determine whether the person California criminalizes cyber harassment under Section 653.2 of the California Penal Code. If the subtenant has performed actions that meet the criteria for lawful eviction, the tenant may provide a three-day notice to address the reason for eviction, such as late rent. shall be granted or denied on the next day of judicial business in sufficient time This might be the case if a subtenant fails to pay rent. Civil Harassment Restraining Order. Again look at your lease. Evicting a Tenant Just as the tenant has rights, so does the landlord, even in roommate situations. a temporary restraining order and an order after hearing prohibiting harassment as to any person that files a petition if necessary to prevent harassment, as defined It can be complicated so be sure to speak to a lawyer for your situation. Speak up if youre upset by something your roommate (or a roommates guest or pet) did or didnt do, said, or didnt say. Helpful Unhelpful. If youre subleasing to a roommate, you can evict them in California much more quickly especially if theres a history of bad behavior. S., Minneapolis, MN 55488. A landlord can demand an increase in rent or even an additional security deposit when adding a subtenant to an existing or new lease as a co-tenant. For a workplace violence situation, the harassment is defined in the same way as for civil harassment. or maliciously disregards these requirements. Generally speaking, yes, you can sue your roommate if they break the lease. the existence and current status of orders issued under this section to law enforcement Treatment that has physically or mentally hurt you. (ii) The respondent to allow the respondent to comply with the order for confidentiality Is it Legal to List Your Place on Airbnb? These abuses may include a violation of privacy rights or harassment enacted by altering the premises, such as changing locks without notice or cutting off utilities. Either way, it sounds like the living conditions for you have deteriorated since your move-in. States typically require that the tenant provide proof (such as a protective order) of her status as a domestic violence victim. (7) If the law enforcement officer determines that a protective order has been issued grant on a showing of good cause. But when things go wrong, it can feel like hell. But you cant have more occupants than is legal under zoning laws (usually no more than 2 per room). the following methods: (A) Transmitting a physical copy of the order or proof of service to a local law enforcement shall contain a statement in substantially the following form: If you have been personally served with this temporary restraining order and notice The court may for good cause, on motion of the petitioner or on its own motion, to an individual by any means, including, but not limited to, the use of public or has been unable to accomplish personal service, and that there is reason to believe and that seeks a protective or restraining order restraining stalking, future violence, (2) If the respondent named in a temporary restraining order is personally served Read More: Just Cause Eviction: California Landlord Rights. order or order after hearing issued under this section may include other named family But harassing a person based on his or her race, religion or disability is a more serious crime punishable by up to 364 days . But if your lease with the landlord says you cant have people living there who are not on the lease (which is common), then you may be violating your own lease, and YOU could be evicted! Elder or Dependent Harassment. Calmly explain why youre upset might also help. . Specifically, you can evict with only three days notice and have the backing of the law to pursue eviction if your roommate is guilty of any of the following: Make sure you have a reason before expelling anyone from your apartment. hearing, or both, under this section as provided in Section 374. was made, to a law enforcement agency having jurisdiction over the residence of the pursuant to Section 29825 of the Penal Code. But you are still responsible for the entire rent. until the party who is protected can be properly noticed and may, upon a showing of Findmore information about Workplace Violence. Be specific and let your roommate know how to keep the peace in the future. 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. protective or restraining order to be issued, if either of the following conditions She specializes in family law and estate law and has mediated family custody issues. (6) Upon receiving information at the scene of an incident of harassment that a protective Also be sure to read our full Guide to Tenants Rights. substantial emotional distress, and must actually cause substantial emotional distress but not served, the officer shall immediately notify the respondent of the terms of no more information than necessary is disclosed, and a delay would be caused by first It encompasses the transfer of rights held by one party the assignor to another party the assignee. 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. 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. of hearing, but you do not appear at the hearing either in person or by a lawyer, It may affect his or her ability to see his or her children. Broken link? Law Enforcement Telecommunications System (CLETS). Verbal notice shall include the information required pursuant to paragraph (4) of 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. In many cases, roommates cant co-exist and this leads to a revolving door of swapping roommates, creating confusion as to who is responsible for what, when rent can be raised, and how to legally evict tenants/occupants. an order shall issue prohibiting the harassment. An example of such a person would be a roommate or a neighbor. From your description of the behavior, it sounds like your roommate is harassing you. As a freelance writer and small business owner with a decade of experience, Dan has contributed legal- and finance-oriented content to diverse sources including Chron, Fortune, Zacks.com, Motley Fool and MSN Money, among others. in paragraph (6) of subdivision (b). Additionally, the issues are fairly minor and easily resolvable. notice. We at Roomi understand that living with one or more roommates is not always easy. A request for renewal may be brought any time within the three months before the Related: Can I Evict A Roommate During COVID In NYC? obtaining a court order to authorize the disclosure of the information. If your roommate is NOT on the lease with your landlord, but they pay rent directly to the landlord, they may be considered a co-tenant. The trickiest part about dealing with a dangerous roommate is that things that you want to happen immediately take a long time. If the landlord does not get paid, he will likely evict. 2011 & www.nationalcenterdvtraumamh.org, 1-800-RUNAWAY or 1-800-786-2929 & www.1800runaway.org. (l) In a proceeding under this section, if there are allegations of unlawful violence My roommate has done various things that I feel could be brought up in a court of law to absolve me of liability if I choose to leave early. (v), the notice shall identify the information, specifically, that has been made confidential 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. As per most roommate harassment laws, putting your request in writing creates a paper trail for if and when you go to court. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. Sally would have two choices if Joes behavior deteriorated to the point where it became intolerable. However, if theyre still being difficult, you can move forward with the eviction. This subdivision does not preclude the court from exercising its discretion to remove Read More: How to Get Rid of a Roommate Legally. Examples of people "not in a close relationship" include. 3 Steps to Evict a Roommate Not on the Lease. If you are living in a rent-controlled apartment in some larger cities in California, local law demands that you provide just cause for any eviction. The violence or threats seriously scare, annoy, or harass someone and there is no valid reason for it. The safest option would be for you to stop staying at your shared place from the time that you deliver a letter of notice until your roommate moves out. On legal matters, the lease agreement remains the definitive legal document for tenant/landlord relationships. 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. Only a landlord can evict someone who is named on a lease, and can only do so with just cause. You can avoid a lot of headaches by carefully selecting housemates. are sought and, if the petition is granted, the restrained person. order was converted to a restraining order at the hearing without substantive change The support person may assist the person who alleges they are a victim of violence 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. (2) A minor, under 12 years of age, accompanied by a duly appointed and acting guardian ad litem, shall be permitted to appear . A: As you indicated, both parties named on the lease are jointly and severally liable for the rent payment, which means that if one tenant breaks the lease and moves out without paying their share, the remaining tenant is responsible for all of the rent. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, (1) Except as provided in paragraph (2), upon. Otherwise, the original tenant would be loosely considered to be the new tenants landlord. Read More: Rights for Roommates Not on a Lease. is sufficient notice for purposes of this section and for purposes of Section 29825 of the Penal Code. necessary to effectuate orders described in subparagraph (A). (B) With the approval of the Department of Justice, entering the order or proof of The person getting the restraining order is called the "protected person.". 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. A dependent adult, who is someone between 18 and 64 that has certain mental or physical disabilities that keep him or her from being able to do normal activities or protect himself or herself. Certain cities require just cause be provided to month-to-month tenants if they are living in a rent-controlled or subsidized housing program. issued by a court pursuant to this section shall be issued on forms adopted by the with the court or on the motion of a party. They earn access to the same rights as a person named on your lease, making eviction less likely. From helping you to save money to becoming a good friend and making your home a more enjoyable place to be, you hit the jackpot when you find a good roomie. Threatening your roommate will only hurt in this case as you will be the one in legal trouble as a result of that. In general, you cannot just physically remove your roommate (that could be considered assault or battery), and you cant just change the locks. Q: I am currently in a lease agreement with another party who shares equal responsibility for the rent. Can a landlord evict me and/or my house guest if the house guest isnt on the lease? officers responding to the scene of reported harassment. Usually, its a judge-only trial. You may have many reasons to sue your roommate; however, whether or not you can depends on the state in which you live. 0 found this answer helpful | 1 lawyer agrees. It is also civil harassment if the abuse is from a family member that is not included in the list under domestic violence. According to Minnesota law, the landlord promises to keep your rental place and all common areas fit for the use intended by the parties. of the restraining order or protective order issued at the hearing are identical to if the party is not represented by an attorney, may sit with the party at the table that the respondent is evading service or cannot be located, then the court may specify or residing in the residence or household of the petitioner, the court may do either hearing and, if the court grants the petition, the protected person. (2) Credible threat of violence is a knowing and willful statement or course of conduct that would place a reasonable (v)(1) A minor or the minor's legal guardian may petition the court to have information You need a good, approved reason to evict your roommate in California, but there are some ways you can get rid of a bad roomie according to the roommate law in California. Unfortunately, you cant just evict a roommate in California. (3)(A) If the request is granted, except as provided in paragraph (4), information of a party. It even protects you if you're being abused by someone you're dating . Physical abuse, neglect, financial abuse, abandonment, isolation, abduction (taking you out of the state against your will), or other behavior that causes physical harm, pain, or mental suffering; OR. (o) The respondent shall be entitled, as a matter of course, to one continuance, for The trial will not have a jury; eviction lawsuits are decided only by a judge. You cannot evict a co-tenant. (2) If the court determines at the hearing that, after a diligent effort, the petitioner 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.