A roommate of mine was spreading rumors about me and another of our roommates. (g) Within 21 days, or, if good cause appears to the court, 25 days from the date First, get out or immediately start making arrangements to leave. If your houseguest has been there less than 30 days, you can tell them to leave. The same Civil Code allows tenants to break a lease early if they're also subject to abuses from the landlord. This order will require your roommate to leave the apartment immediately. Since state law requires your rental place to be fit for the intended use, and you can no longer have personal belongings lying around because of the dog, then your place is no longer fit for you to live there. regarding the minor that was obtained in connection with a request for a protective (x)(1) The Judicial Council shall develop forms, instructions, and rules relating a proof of service that the officer shall complete and send to the issuing court. 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. All rights reserved. . that has been made confidential and shall include a statement that disclosure is punishable granted shall remain in effect until the end of the continued hearing, unless otherwise shall be granted or denied on the next day of judicial business in sufficient time 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). (ii) By a person to whom confidential information is disclosed, provided that the While different types of roommate agreements can be a simple handshake or a legally binding written contract, these agreements never supersede the lease because they typically don't involve the landlord it's simply an arrangement made among roomies, which can range in formality. these acts. You're able to evict in these situations because you're legally considered your roommate's landlord. Sharing a home with others can definitely be a lot of fun, but also, not. Generally speaking, yes, you can sue your roommate if they break the lease. (2) A minor, under 12 years of age, accompanied by a duly appointed and acting guardian (v)(1) A minor or the minor's legal guardian may petition the court to have information There are four different methods of service allowed by law when you are beginning the eviction process against your tenant. With our ever-increasing lists of rooms and roommates across the world, Roomi can help find your perfect new roommate. The party who petitioned the court to keep the information confidential pursuant It is also civil harassment if the abuse is from a family member that is not included in the list under domestic violence. circumstances: (i) By the minor's legal guardian who petitioned to keep the information confidential Even if theyre guilty of roommate harassment, the best you can do is report them to the landlord. A minor who has alleged harassment, as defined in subdivision (b), shall not be (2) The Judicial Council shall prepare and develop forms for persons who wish to avail 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. . S., Minneapolis, MN 55488. 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. party is physically present in court and does not challenge the sufficiency of the If, for example, you are pursuing eviction and plan to give 30 or 60 days notice, you dont need to provide a good reason. If you do have a good reason to evict a roommate, you have to know how it works. If the agreement doesnt discuss this issue, the general rule in California is that you are allowed to have a person stay at your apartment as long as the person doesnt violate any of the terms of the lease. If they have lived in the unit with you for less than one year, you must provide only thirty days notice. Read More: How to Get Rid of a Roommate Legally. 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. Search: Roommate Harassment Laws California. (2) If the court grants a continuance, any temporary restraining order that has been (3)(A) If the request is granted, except as provided in paragraph (4), information 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. Stay up-to-date with how the law affects your life. A lease makes you cotenants. petitioner by the respondent, and that great or irreparable harm would result to the Your roommate may file an answer with the court in an attempt to fight the eviction. The California roommate agreement ("room rental agreement") is a binding contract that co-tenants in a shared residential situation must sign. There are also dependent adult harassment cases which . Guide to Laws about Homelessness in California, 4. will be served on you by mail at the following address: ____. 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. Roommate Harassment, Laws & Everything You Can Do About It. You certainly cant just change the locks on the door. If youre subleasing to a roommate, you can evict them in California much more quickly especially if theres a history of bad behavior. (B) The protective or restraining order issued pursuant to this section is based upon One co-tenant cannot evict another co-tenant, no matter how despicable the behavior. This is an ideal claim for Small Claims court. All evictions must begin with written notice. or threatened violence against the petitioner, stalked the petitioner, or acted or At Law Soup we work hard to answer the most common questions for free. The subtenant then has five days to vacate the premises or oppose the complaint by filing a response with the court. Cyber Harassment Defined Under California Law - 653.2 PC. Of course, cotenants may choose to kick out another roommate, but this is most often an informal process rather than a legal one. The notice must specify how many days the tenant has until you will terminate the tenancy. Either way, it sounds like the living conditions for you have deteriorated since your move-in. California's civil harassmentlaw, California Code of Civil Procedure section 527.6 CCP, has its own legal definition of harassment. 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. Is it possible to sue the other tenant for my share of the rent for the remainder of the lease, given that the circumstances create an uninhabitable living environment? 0 found this answer helpful | 1 lawyer agrees. 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. 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. disclosure is necessary to prevent harassment or is in the best interest of the minor, Read More: How to Get Off a Joint Lease. There are 4 types of abuse or harassment cases in civil court: Domestic violence is abuse or threats of abuse when the person being abused and the abusive person are: The domestic violence laws say abuse is: Keep in mind that abuse and domestic violence do not have to be only physical. to subdivision (b) of Section 1005, of the proceeding by personal service or, if the order based on the temporary restraining order, but the respondent does not appear (4) Petitioner means the person to be protected by the temporary restraining order and order after What can you do? (3) Alternatively, the court or its designee shall transmit, within one business day, Under a sublet, one tenant, who is bound by the landlord's lease agreement, makes a contract with a subtenant under terms laid out in a separate contract. If not, you will most likely need to go through the court eviction process. For a workplace violence situation, the harassment is defined in the same way as for civil harassment. than five additional years, without a showing of any further harassment since the E-mail renting questions to kklein@kleinpa.com, or write to Kelly Klein c/o Star Tribune, 425 Portland Av. A legal guardian or a protected party who makes a disclosure under this clause is In California, unlawful workplace harassment occurs when a person directs negative, inappropriate, or unwanted conduct at a worker based on certain protected characteristics. If theres a reason for the eviction, you must also specify this in the notice. for the order to be filed that day with the clerk of the court. Guide to Laws about Homelessness in California. It may affect his or her ability to see his or her children. (commencing with Section 1788) of Part 4 of Division 3 of the Civil Code or by Division 10 (commencing with Section 6200) of the Family Code. 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. If the subtenant refuses to comply and remains in the rental unit, the tenant may file for an unlawful detainer lawsuit against them. (t) Willful disobedience of a temporary restraining order or order after hearing granted (B) There is a substantial probability that the minor's interest will be prejudiced His or her childrens schools or places of child care; Other important places where he or she goes. The request may be made in writing before or at the hearing, or orally at the hearing. The next step is to call the police and ask them to forcibly remove your roommate if they remain in your home more than 72 hours after receiving the eviction notice. Every human must be treated with dignity and evicting a roommate in California without cause just cant happen. with a duration of three years from the date of issuance. Having a roommate can be awesome! Laws, such as the California Civil Code and beyond, dole out rights on both the tenant's and landlord's side of the lease agreement. 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. The only exception is if they pay rent to the landlord directly even though they're not on the leasein this scenario, they are considered your co-tenant. Information provided by readers is not confidential. The court may for good cause, on motion of the petitioner or on its own motion, Guide to Car Accident Law in California, IMPORTANT: USE OF THIS SITE MEANS YOU AGREE TO TERMS, See an error? (4) Each appropriate law enforcement agency shall make available information as to Follow the same eviction procedure as a landlord performing a typical eviction, you are able to give only three days notice, Violating the rental agreement in any other way, Committing any act of violence against other tenants of the property, Using the property for dogfighting or cockfighting. order or protective order issued at the hearing may be served on the respondent by But your issue may be more complicated. Heres what you need to know about resolving a situation with a hostile roommate. sanctioned for disclosure of the confidential information. 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. Moreover, if the tenant has lived on the premises for at least a year, the landlord must give the tenant the opportunity to address the perceived violation. Living with one or more roommates is often a necessity for some tenants, given the high rents of the Bay Area, but these arrangements can be vexing for landlords and property managers. Essentially, the landlord makes a contract with all of the roommates. Find domestic violence counselors and resources in your county. For example, Sally is responsible for making the entire rent payment not just her half if Joe, her roommate, doesnt pay his share. Under the leases terms, they have identical rights and responsibilities. Before you can start a court case to make your roommate leave, you may need to give (serve) your roommate a Notice of Termination. Eligibility for this program is based on a familys gross annual income and family size. Taking on a roommate or two and dividing the cost can save the day, but not all roommate relationships are made in heaven. (2) The failure to state the expiration date on the face of the form creates an order 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. law enforcement officer who is present at the scene of reported harassment involving 3 Steps to Evict a Roommate Not on the Lease, Rent rooms and find roommates in our verified community. (3) A person who owns, possesses, purchases, or receives, or attempts to purchase