Regardless of whos on the lease, if your roommate is acting in a way that makes you feel unsafe, you should call the police. Domestic Violence Restraining Order. So landlords can evict roommates, but roommates beholden to the same lease can't evict each other. but not served, the officer shall immediately notify the respondent of the terms of Elder or Dependent Adult Abuse Restraining Order. Related: Can I Evict A Roommate During COVID In NYC? From your description of the behavior, it sounds like your roommate is harassing you. Broken link? 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. California Civil Code 789.3. to subdivision (i) of Section 6380 of the Family Code. Even if you are not romantically involved with your roommate, legal counsel or help from a womens shelter can help you determine if your relationship falls under the category of domestic violence. So youre tired of your roommate and even after serving them notice, they wont budge. Restraining Orders - abuse_selfhelp - California 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. Deprivation by a caregiver of basic things or services you need so you will not suffer physically, mentally, or emotionally. (2) If the court grants a continuance, any temporary restraining order that has been ACCESS Center San Francisco Superior Court 400 McAllister Street, Room 509 San Francisco, CA 94102-4514 RV Resources Join the RV Odd Squad: https://www A man died after being stabbed by his roommate in Long Beach Thursday, but investigators are still working to determine if the attacker was also the victim of a crime, officials said The law is . The notice must specify how many days the tenant has until you will terminate the tenancy. (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. as a contempt of court. According to Minnesota law, the landlord promises to keep your rental place and all common areas fit for the use intended by the parties. If youre subleasing to a roommate, you can evict them in California much more quickly especially if theres a history of bad behavior. It encompasses the transfer of rights held by one party the assignor to another party the assignee. 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. What canI do if my roommate is harassing me and I feel I have no way of You do not have to be physically hit to be abused. private mails, interoffice mail, facsimile, or email. The trial will not have a jury; eviction lawsuits are decided only by a judge. Even if theyre guilty of roommate harassment, the best you can do is report them to the landlord. I have tried everything with my roommate but she keeps refusing. Consult an attorney regarding your particular issues. the parties to the proceeding. However, your landlord cant evict anyone without a just cause, such as causing damage or refusing to pay rent. 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. Harassment California Laws Roommate (B) The protective or restraining order issued pursuant to this section is based upon Threatening your roommate will only hurt in this case as you will be the one in legal trouble as a result of that. In this case, you need to serve them a 30-day written notice to vacate the premises. respondent does not attend the hearing, the court may make orders against the respondent 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. Some laws that may apply include the following: In many states, it is illegal to discriminate against someone who is a victim of domestic violence. Per California's Civil Code Section 1946.7, any tenant who is the victim of domestic or sexual abuse, elder abuse or stalking may terminate the lease early, though they may be required to provide some form of proof, such as a restraining order taken out against the abuser. 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. if the information is not kept confidential. The same Civil Code allows tenants to break a lease early if they're also subject to abuses from the landlord. 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. Usually, a victim of domestic violence can end a lease with notice (often 30 days). Often, abuse takes many forms, and abusers use a combination of tactics to control and have power over the person being abused. best interest. If youre evicting your roommate for a just cause and they rectify their behavior, they can stay. When your roommate has month-to-month tenancy, California state law says that you can evict them by serving 30 or 60 days' notice without any reasoning. On a showing of good cause, in an order issued pursuant to this subparagraph in 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. Findmore information about Workplace Violence. and to allow the respondent to comply with and respond to the protective order. Yes, you can legally break your lease if you're experiencing domestic violence. The subtenant has no specific responsibilities to the original tenant's landlord. or both of the following: (i) Grant the petitioner exclusive care, possession, or control of the animal. under subdivision (b), or if it is in the best interest of the minor. If you choose to use this method, collect as much evidence and documentation of the behavior as you can to present to the court. But harassing a person based on his or her race, religion or disability is a more serious crime punishable by up to 364 days . will be served on you by mail at the following address: ____. Other California harassment laws that can be useful are: California Penal Code 653m for harassing phone calls California Penal Code 647 for distributing private, sexually explicit photos and videos California Penal Code 653.2 for cyberstalking DoNotPay Can Help You Protect Yourself From Harassment in California 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. 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. ammunition while the protective order is in effect. In California, unlawful workplace harassment occurs when a person directs negative, inappropriate, or unwanted conduct at a worker based on certain protected characteristics. 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. If you are determined to evict them, you typically do not have to give them the chance to make things right - unless you have served them a three day notice for unpaid rent and they are offering to pay it. is sufficient notice for purposes of this section and for purposes of Section 29825 of the Penal Code. a copy of an order issued under this section, or reissuance, extension, modification, Roommate Harassment, Laws & Everything You Can Do About It. (p)(1) Either party may request a continuance of the hearing, which the court shall Rental Agreements in California: Key Terms to Look For, Just Cause Eviction: California Landlord Rights, California Sublet Laws: Rules for Tenants & Subtenants, California Legislative Information: Civil Code Sections 1940 - 1954.05 Hiring of Real Property, California Legislative Information: Health and Safety Code Sections 17920 - 17928 Rules and Regulations, Law Offices of Stimmel, Stimmel and Roeser: Landlord Obligations for Habitable Premises The Basic California Law, Lawyers.com: Roommates: Your Rights and Liabilities, A People's Choice: How to Evict a Roommate in California, Curbed Los Angeles: Here's How California's Rent Control Law Works, Legal Beagle: California Sublet Laws: Rules for Tenants & Subtenants, Legal Beagle: Rental Agreements in California: Key Terms to Look For, Legal Beagle: Just Cause Eviction: California Landlord Rights, Legal Beagle: Breaking a Lease in California: Tenants' Rights, Legal Beagle: Landlord Right of Entry: California Tenant Privacy Rights, Legal Beagle: California Landlord Responsibilities for Tenant Safety. 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. Then, the law says what type of protection someone can ask for and what he or she has to prove to get it. This may include how you will resolve any problems that come up, and knowing your legal rights as a roommate. If Your Roommate Violates the Lease Your landlord can terminate the entire tenancy even if just one roommate causes problemsfor example, by not paying the rent, damaging the rental unit, bringing in a dog (if your lease prohibits pets), making too much noise, or otherwise violating the lease. 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. 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. 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). After all of that occurs and your day in court arrives, come prepared with all communication that has occurred between you and your roommate, as well as the lease which shows that you are the rightful owner of the property and shows that your roommate has no legal grounds on which to stay. Public Spaces, Parks, Streets & Sidewalks, houseguest becomes a tenant after 30 days, 7 Easy Ways to Make or Save Money by Exercising Your Legal Rights. available to the court. The injured roommates can sue for damages monetary compensation in exchange for all the associated headaches, trouble and grief this would cause. 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. Do not rely on advice in this column for legal opinions. In San Francisco, landlords are prohibited . pursuant to this subdivision or the protected party in an order pursuant to this division, (c) In the discretion of the court, on a showing of good cause, a temporary restraining has been unable to accomplish personal service, and that there is reason to believe Your roommate has master tenant status, meaning the lease exists only between the landlord and your roommate, and you are their subtenant. court costs and attorney's fees, if any. With our ever-increasing lists of rooms and roommates across the world, we help you find your perfect match! granted shall remain in effect until the end of the continued hearing, unless otherwise Find more information about Civil Harassment. (4) Each appropriate law enforcement agency shall make available information as to The burden of proof is on you, so all of the documentation you have collected come into play here. the support person from the courtroom if the court believes the support person is According to New York state law, you must give your roommate at least 30 days to vacate. That's true even if you have a separate sublease agreement with your roommate, who's subletting from you. 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. The subtenant then has five days to vacate the premises or oppose the complaint by filing a response with the court. Evicting a Roommate in California | Caretaker Even with a clear written roommate agreement, disputes might arise. sanctioned for disclosure of the confidential information. the petitioner. (7) Unlawful violence is any assault or battery, or stalking as prohibited in Section 646.9 of the Penal Code, but does not include lawful acts of self-defense or defense of others. California criminalizes cyber harassment under Section 653.2 of the California Penal Code. 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 temporary restraining order, except for the duration of the order, the restraining to the Department of Justice in accordance with either paragraph (2) or (3). to that minor, be kept confidential. making harassing telephone calls to an individual, or sending harassing correspondence 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. Law Enforcement Telecommunications System (CLETS). (2) A minor, under 12 years of age, accompanied by a duly appointed and acting guardian ad litem, shall be permitted to appear . and substance of the order through personal appearance in court to hear the terms Neglect, abandonment, or isolation, or. A notice shall be provided to the respondent that identifies the specific information To evict your roommate in California, you need to start by giving them a three-day notice to cure or quit. (i) At the hearing, the judge shall receive any testimony that is relevant, and may Well, there can be a wide range of things that can be considered roommate harassment. (Note: be sure to read our Guide to Eviction). While the subtenant has no direct relationship with the landlord (the master tenant is essentially the subtenants landlord), we must caution that you can inadvertently establish a relationship with the subtenant by taking rent money. NOTE: We do not give legal advice, only general legal info. 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 We at Roomi understand that living with one or more roommates is not always easy. Roommates as Co-Tenants A co-tenant arrangement occurs when all roommates have a contractual relationship with the landlord. If you're paying rent then you should notify the owner in writing about this disruption. Communication is key to a quick resolution.