The U.S. Bureau of Labor Statistics indicated in September 2019 that in the previous year, Americans spent more than 25 percent of their pre-tax income on keeping a roof over their head. petitioner by the respondent, and that great or irreparable harm would result to the If your roommate is on the lease agreement with you, then they only answer to your landlord. shall be granted or denied on the next day of judicial business in sufficient time this section shall be granted or denied on the same day that the petition is submitted If your roommate is on the lease or other recognized elements of residency, such as utility bills in their name, or if they receive mail at this location, it gets far more complex. respondent and may prescribe the manner in which proof of service shall be made. If you are terminating a month-to-month tenancy without cause, you must give either thirty or sixty days written notice, depending on how long your roommate has lived there. Consult an attorney regarding your particular issues. copy of the order, a law enforcement officer shall immediately attempt to verify the the business day on which the order, reissuance, extension, modification, or termination Even if your roommate is not on the lease but pays rent directly to your landlord, you still cannot evict them. short, evidencing a continuity of purpose, including following or stalking an individual, If the court imposes a sanction, the court shall first determine whether the person Verbal notice of the terms of the order shall constitute service of the order and First, read your Lease/Rental Agreement (see above) to determine what it says on this; usually what an agreement says on this is enforceable and if you violate it, yes you and your houseguest(s) can be evicted. as a contempt of court. I moved back home with my family because I don't feel safe living in the apartment. She made up lies about my other roommate and her boyfriend and about her family and spread them and always told me these things. Written notice must always state that the tenant has a certain number of days until the tenancy will be terminated. 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. order expires. Of course, cotenants may choose to kick out another roommate, but this is most often an informal process rather than a legal one. In any roommate situation (regardless of who is or isn't on the lease) where you feel unsafe, you can and should call the police. Third, should another incident take place before you can leave, call the police. If you choose to use this method, collect as much evidence and documentation of the behavior as you can to present to the court. 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. (ii) By a person to whom confidential information is disclosed, provided that the Can I Evict A Roommate During COVID In NYC? (a)(1) A person who has suffered harassment as defined in subdivision (b) may seek If, for example, you are pursuing eviction and plan to give 30 or 60 days notice, you dont need to provide a good reason. In general restraining orders can include: For the person to be restrained, having a restraining order against him or her can have very serious consequences: If the restrained person violates (breaks) the restraining order, he or she may go to jail, or pay a fine, or both. I have tried everything with my roommate but she keeps refusing. Co-tenants cannot be evicted without just cause, meaning they can be evicted only for certain reasons, such as non-payment of rent or other violations of the lease terms. (a) (1) A person who has suffered harassment as defined in subdivision (b) may seek a temporary restraining order and an order after hearing prohibiting harassment as provided in this section. California Landlord Tenant Laws [2023]: Renter's Rights & FAQs The term also means that their landlord is legally entitled to require that they both move out if Joe commits a serious, eviction-worthy lease violation. The restraining order will include a residence exclusion order, requiring your roommate to move out as soon as it takes effect. Follow the same eviction procedure as a landlord performing a typical eviction. However, the fact that an order issued by a court pursuant to this section was not Elder or Dependent Harassment. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. Even when your roommate's name is not on the lease, California law treats them as if they were a month-to-month tenant. In the latter scenario, the two parties present their cases to the court and a judge issues a final ruling on the matter. In general, civil harassment is abuse, threats of abuse, stalking, sexual assault, or serious harassment by someone you have not dated and do NOT have a close family relationship with, like a neighbor, a roommate, or a friend (that you have never dated). sanctioned for disclosure of the confidential information. It even protects you if you're being abused by someone you're dating . In some cases, its not possible to do so at all. The stakes are particularly high and the subject matter more complex in rent controlled jurisdictions. 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. service into CLETS directly. If the roommate harassment in question constitutes violence, heres what you can do. 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. Kelly Klein is a Minneapolis attorney. Federal law, in the form of the Civil Relief Act, also takes the side of active military servicemembers. 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. But also, roommate harassment issues are very real. The instructions for each method are extremely specific and detailed, but in general you have to start by trying to deliver the notice to your roommate in person by handing it to them. 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. His or her childrens schools or places of child care; Other important places where he or she goes. In granting a continuance, the court may modify or terminate a temporary restraining Roommate Harassment Laws Roommates' rights can be limited when their behavior gets seriously out of line. It can be complicated so be sure to speak to a lawyer for your situation. Read More: California Sublet Laws: Rules for Tenants & Subtenants. The party who petitioned the court to keep the information confidential pursuant If your houseguest has been there less than 30 days, you can tell them to leave. (l) In a proceeding under this section, if there are allegations of unlawful violence Please do! with the order and notice of hearing with respect to a restraining order or protective (B) There is a substantial probability that the minor's interest will be prejudiced Roommate Harassment, Laws & Everything You Can Do About It. A temporary restraining order may be issued with or without notice, based on a declaration The original tenant would have the right to sue in small claims court, but the odds of success decrease dramatically if no written agreement is in place between them. than five additional years, without a showing of any further harassment since the Civil Harassment Restraining OrderYou can ask for a civil harassment restraining order if you are being harassed, stalked, abused, or threatened by someone you are not as close to as is required under domestic violence cases, like a roommate, a neighbor, or more distant family members like cousins, aunts or uncles, or nieces or nephews. 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. (C) The court may authorize a disclosure of any portion of the confidential information All rights reserved. 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. The person the restraining order is against is the "restrained . 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. issuance of the original order, subject to termination or modification by further The current tenants are still bound to provide the full rent amount as laid out in the lease which, by the way, the landlord will likely want to re-sign upon learning of a replacement roommate. encumbering, concealing, molesting, attacking, striking, threatening, harming, or subject to the sanction in subparagraph (A) only if the disclosure was malicious. Deprivation by a caregiver of things or services that the elder or dependent adult needs to avoid physical harm or mental suffering. make an independent inquiry. However, if your life is in danger, go right ahead and evict that roommate. In the California legal system, you can seek a civil harassment restraining order to prevent someone that you are not in a close relationship with from. Both co-tenants directly and individually pay rent to the landlord. This may include how you will resolve any problems that come up, and knowing your legal rights as a roommate. Except as provided in subparagraph (B), if the court determines that disclosure Roommates as Co-Tenants A co-tenant arrangement occurs when all roommates have a contractual relationship with the landlord. Restraining Orders. Roomi is your one-stop option to list or find rooms, find roommates to settle into a new city easily. 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. to that minor, be kept confidential. to civil harassment issued by a court pursuant to this section shall be transmitted However, your landlord cant evict anyone without a just cause, such as causing damage or refusing to pay rent. For an employer to get a workplace violence restraining order on behalf of an employee, there needs to be reasonable proof that: Read about the law in Code of Civil Procedure section 527.8. Roommates and Houseguests | Law Soup Cal Evicting a Tenant Just as the tenant has rights, so does the landlord, even in roommate situations. at the hearing, either personally or by an attorney, and the terms and conditions to the court. (4)(A) Confidential information shall be made available to both of the following: (i) Law enforcement pursuant to subdivision (r), to the extent necessary and only It may affect his or her ability to see his or her children. How to Evict a Family Member From a House. 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. (v), the notice shall identify the information, specifically, that has been made confidential The information posted must be likely to incite or produce unlawful . (b) For purposes of this section, the following terms have the following meanings: (1) Course of conduct is a pattern of conduct composed of a series of acts over a period of time, however For a workplace violence situation, the harassment is defined in the same way as for civil harassment. It depends on you and your roommate's status as tenants, which is determined by whose name is mentioned on the lease: If you and your roommate are both named on the lease, you are considered co-tenants and both pay rent to the landlord. a sanction of up to one thousand dollars ($1,000). Abuse & Harassment | Superior Court of California | County of Merced If not, you will most likely need to go through the court eviction process. (C) The order to keep the information confidential is narrowly tailored. 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. protected party, the party who is protected by the order shall be given notice, pursuant Sign up for our mailing list to stay up to date on the laws YOU need to know. shall contain a statement in substantially the following form: If you have been personally served with this temporary restraining order and notice The California roommate agreement ("room rental agreement") is a binding contract that co-tenants in a shared residential situation must sign. 0 found this answer helpful | 1 lawyer agrees. Tenants may also be evicted for materially damaging the rental property, bringing down the property's value or using the rental property for unlawful purposes. He or she might have to move out of his or her home. Either way, it sounds like the living conditions for you have deteriorated since your move-in. to matters governed by this section. Nonetheless, the court will set a trial date within 20 days from when you get the notification. While there are a host of roommate harassment laws that you could prepare yourself with, there is also other know-how that could help you. Under California law, courts can make orders to protect an employee from suffering unlawful violence or credible threats of violence at the workplace. The person getting the restraining order is called the "protected person.". Use of this site means that you agree to the Terms of Use. Just moved into an apartment with 2 roommates and I have a cat under our rental agreement. However, if theyre still being difficult, you can move forward with the eviction. If the judge rules in your favor, the sheriff will give your roommate notice that they have five days to move out. 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. Generally speaking, yes, you can sue your roommate if they break the lease. Important Online Harassment Laws in California Minc Law The civil harassment laws say harassment is: Credible threat of violence means intentionally saying something or acting in a way that would make a reasonable person afraid for his or her safety or the safety of his or her family. A lease makes you cotenants. In addition to the smelly new dog in the house, my roommate disrespects me every day by the way he talks to me. (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.