An example of such a person would be a roommate or a neighbor. 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. Constitutionally protected activity is not included within the meaning of course A fee shall not be paid for filing a response to a petition alleging these acts. But other times they are not. hearing, or both, under this section as provided in Section 374. Roommates as Co-Tenants A co-tenant arrangement occurs when all roommates have a contractual relationship with the landlord. Threatening your roommate will only hurt in this case as you will be the one in legal trouble as a result of that. The Housing Choice Voucher program, also known as Section 8, is a federally funded program that provides assistance to eligible low- and moderate-income families to rent housing in the private market. to subdivision (i) of Section 6380 of the Family Code. There are 4 kinds of orders you can ask for: Domestic Violence Restraining OrderYou can ask for a domestic violence restraining order if: Find more information about domestic violence. 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. if the court expressly finds all of the following: (A) The minor's right to privacy overcomes the right of public access to the information. 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. Remember that eviction can never be performed for a reason that is retaliatory or discriminatory. is sufficient notice for purposes of this section and for purposes of Section 29825 of the Penal Code. and substance of the order through personal appearance in court to hear the terms to any person that files a petition if necessary to prevent harassment, as defined This is a guide to the basics of the rules for roommates and houseguests in a rental unit. or credible threats of violence, a support person may accompany a party in court and, the petitioner. And in either case, a roommates rights depend heavily on state laws, which can vary. order or protective order issued at the hearing may be served on the respondent by (a) A landlord shall not with intent to terminate the occupancy under any lease or other tenancy or estate at an order shall issue prohibiting the harassment. Verbal notice of the terms of the order shall constitute service of the order and 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. for modification or termination of the protective order, the court shall deny the (B) At any time, the court on its own may authorize a disclosure of any portion of In this situation, your best option is to let the landlord know what the problem is. If the person has stayed with you for up to a year, even without a lease agreement, you must provide a rent notice of at least 60 days. order has been issued under this section, or that a person who has been taken into Every co-tenant is held responsible to the obligations detailed in the lease, and landlords must hold up their legal obligations for each co-tenant, too. I realize that one or both of the parties who sign the lease are responsible for paying the landlord. 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. 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. However, if your life is in danger, go right ahead and evict that roommate. Those can include the employee's race, disability, religion, sex, gender identity, marital status, sexual orientation, or pregnancy, among other reasons. 1 party during the proceedings if the person who alleges the person is a victim of violence unlawful violence or a credible threat of violence. Yes, you can legally break your lease if you're experiencing domestic violence. In San Francisco, landlords are prohibited . more of the story, More Minnesota homes are getting a glow-up with customizable exterior lights, U professor leaves loft near downtown Minneapolis to remake 'gorgeous' 1905 home, At home with Edina couple who landed new HGTV show. Read More: How to Get Off a Joint Lease. A restraining order (also called a "protective order") is a court order that can protect someone from being physically or sexually abused, threatened, stalked, or harassed. 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. Here are some of our most popular pages right now: 1. to subdivision (b) of Section 1005, of the proceeding by personal service or, if the He has brought a dog into the house, which has created a strong odor and mess around the place. 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. In this case, you need to serve them a 30-day written notice to vacate the premises. Certain cities require just cause be provided to month-to-month tenants if they are living in a rent-controlled or subsidized housing program. Either you or your agent must serve this notice of eviction, in line with the law. 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. If your roommate is a subtenant (meaning you sublet your apartment out at a cost), then you can evict them. shorten the time for service on the respondent. How To Deal With Roommate Harassment: Laws and Legal Rights | Roomi Cite this article: FindLaw.com - California Code, Code of Civil Procedure - CCP 527.6 - last updated January 01, 2019 Copyright 2023, Thomson Reuters. not own, possess, purchase, receive, or attempt to purchase or receive a firearm or | https://codes.findlaw.com/ca/code-of-civil-procedure/ccp-sect-527-6/. However, if it's just a personal problem between roommates, then you have to find another way to resolve it. Stay up-to-date with how the law affects your life. It's essential that you serve notice exactly how the law demands. It's a good idea to file a police report to have evidence of the behavior if the eviction goes to court. Related: Rules To Set In Apartments For Rent With Roommates. 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. That's true even if you have a separate sublease agreement with your roommate, who's subletting from you. For a workplace violence situation, the harassment is defined in the same way as for civil harassment. If your roommate does any of the following things, the law has your back in the eviction and you are able to give only three days notice. 3. until the party who is protected can be properly noticed and may, upon a showing of Calmly explain why youre upset might also help. If the dog is not an authorized pet on the lease, your landlord can evict your roommate for violating the lease. If your roommate has lived in the unit with you for over a year, you must provide at least sixty days notice. and to find out the duration of that order, contact the clerk of the court.. 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. 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). Unfortunately, you cant just evict a roommate in California. 2. provided that the disclosure is necessary to prevent harassment or is in the minor's If you are evicting for just cause and your roommate remedies the situation, you cannot move forward with the eviction process. this section shall be granted or denied on the same day that the petition is submitted on the respondent, whether or not the respondent has been taken into custody, by any Federal law, in the form of the Civil Relief Act, also takes the side of active military servicemembers. order of the court either on written stipulation filed with the court or on the motion However, if youre aiming to evict someone within a shorter time frame, then you need to be able to justify your position. (ii) By a person to whom confidential information is disclosed, provided that the harassing, abusing, stalking, or; threatening you. sanctioned for disclosure of the confidential information. 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. obtaining a court order to authorize the disclosure of the information. Sally would have two choices if Joes behavior deteriorated to the point where it became intolerable. So, for example, if the abuse is from an uncle or aunt, a niece or nephew, or a cousin, it is considered civil harassment and NOT domestic violence. This process is identical to the process that landlords go through when evicting a tenant. Contacting, calling, or sending any messages (including e-mail); Disturbing the peace of the protected people. Sally would have two choices if Joe's behavior deteriorated to the point where it became intolerable. that could last up to five years. A subtenant is impotent and cannot evict anyone, while a landlord can evict all tenants from the premises, with caveats. The support person may assist the person who alleges they are a victim of violence pursuant to Section 29825 of the Penal Code. When a new roommate moves in, it's common for roomies to create some sort of agreement covering everything from cleaning duties and food sharing to how much each resident pays for their share of rent and utilities. The restraining order will include a residence exclusion order, requiring your roommate to move out as soon as it takes effect. Related: What Happens If One Roommate Breaks The Lease? hearing and, if the court grants the petition, the protected person. What Are My Rights As a Roommate? | Legal Beagle (v), the notice shall identify the information, specifically, that has been made confidential Answers: 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. of hearing, but you do not appear at the hearing either in person or by a lawyer, Cyber Harassment Defined Under California Law - 653.2 PC. been served personally with the order but has received actual notice of the existence for the order to be filed that day with the clerk of the court. Before you can start a court case to make your roommate leave, you may need to give (serve) your roommate a Notice of Termination. 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. You certainly cant just change the locks on the door. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. regarding the minor that was obtained in connection with a request for a protective The burden of proof is on you, so all of the documentation you have collected come into play here. subdivision (q). substantial emotional distress, and must actually cause substantial emotional distress or residing in the residence or household of the petitioner, the court may do either (q)(1) If a respondent named in a restraining order issued after a hearing has not In addition to the smelly new dog in the house, my roommate disrespects me every day by the way he talks to me. California Code, Code of Civil Procedure - CCP 527.6 | FindLaw by a monetary fine. Download the app and sign up today! Fortunately, a properly written lease may prohibit or restrict assignment, subletting and other changes in occupancy. Often, abuse takes many forms, and abusers use a combination of tactics to control and have power over the person being abused. NOTE: We do not give legal advice, only general legal info. One good way to evict your roommate is to start writing a letter, asking your roommate to leave. Neither Sally nor Joe has any individual rights that the other doesn't share, but a landlord typically isnt barred from entering into a new lease with one of them who's an innocent party to let him or her stay. The master tenant retains all rights and obligations under the master lease, which includes, naturally, paying rent to the landlord. But it can often be a necessity when you cant afford a house or apartment on your own. So youre tired of your roommate and even after serving them notice, they wont budge. But you are still responsible for the entire rent. Otherwise, the original tenant would be loosely considered to be the new tenants landlord. If you do have a good reason to evict a roommate, you have to know how it works. 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 but not served, the officer shall immediately notify the respondent of the terms of Restraining Orders. NOTE: If your roommate is threatening you with violence or otherwise doing dangerous illegal activities, call the police. (C) The order to keep the information confidential is narrowly tailored. One co-tenant cannot evict another co-tenant, no matter how despicable the behavior. The court may for good cause, on motion of the petitioner or on its own motion, Co-tenants, sometimes referred to as joint tenants, are equal partners. You're able to evict in these situations because you're legally considered your roommate's landlord. Abuse can be verbal (spoken), emotional, or psychological. (2) The Judicial Council shall prepare and develop forms for persons who wish to avail Additionally, the issues are fairly minor and easily resolvable. Your name is the only one on the lease: If you're the only . However, some localities in California have their own distinct just cause laws, notably Los Angeles, Santa Monica and Glendale. As per most roommate harassment laws, putting your request in writing creates a paper trail for if and when you go to court. Find domestic violence counselors and resources in your county. E-mail renting questions to kklein@kleinpa.com, or write to Kelly Klein c/o Star Tribune, 425 Portland Av. Only a landlord can evict someone who is named on a lease, and can only do so with just cause. of the order. If you choose to use this method, collect as much evidence and documentation of the behavior as you can to present to the court. that, to the satisfaction of the court, shows reasonable proof of harassment of the Certain cities require just cause be provided to month-to-month tenants if they are living in a rent-controlled or subsidized housing program. Under California law, you have the right to protection against harassment or bullying by your employer if the harassment is based on: race, religion, color, national origin, ancestry, physical or mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, pregnancy, childbirth or related medical conditions, age, or sexual . The notice must be served by you, your agent, or anyone over the age of eighteen. (3) A person who owns, possesses, purchases, or receives, or attempts to purchase It all comes down to your unique situation and what your roommate may have done. in subparagraph (A) if the person discloses the information in a manner that recklessly (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. 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. or household members. (3)(A) If the request is granted, except as provided in paragraph (4), information Read More: How to Get Rid of a Roommate Legally. (2) If the court determines at the hearing that, after a diligent effort, the petitioner (d) Upon filing a petition for orders under this section, the petitioner may obtain My roommate is harassing me, what can I do? - Legal Answers - Avvo However, the fact that an order issued by a court pursuant to this section was not Or other things you want to tell us? pursuant to this section is punishable pursuant to Section 273.6 of the Penal Code. 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? He may evict them anyways for the party if that is a material breach of the lease or if they are damaging property. The next step one must take is to file an eviction lawsuit with the New York City housing court in order to start an official eviction proceeding. . Contact Us. 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. Under this law, harassment is any of the following: unlawful violence, such as: assault (Penal Code 240 PC), battery (Penal Code 242 PC), or stalking (Penal Code 646.9 PC); a credible threat of violence, or (C) The court may authorize a disclosure of any portion of the confidential information the parties. An assignment is an agreement to transfer the lease. . 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. There are certain situations in which you must provide just cause, and in these cases, you are allowed to evict your roommate much more quickly because the eviction is considered a justified response to a roommate's bad behavior. A conviction can be a petty offense or a misdemeanor.. and the other party are required to be present in close proximity. So landlords can evict roommates, but roommates beholden to the same lease can't evict each other. respondent and may prescribe the manner in which proof of service shall be made. If you are the only one on the lease, you can probably evict your roommate. this section to relinquish any firearms the person owns or possesses pursuant to Section 527.9. Roommate Harassment Laws Roommates' rights can be limited when their behavior gets seriously out of line. Treatment that has physically or mentally hurt you. (3) The Judicial Council form for temporary orders issued pursuant to this subdivision of the restraining order or protective order issued at the hearing are identical to If they have lived in the unit with you for less than one year, you must provide only thirty days notice. Elder or Dependent Harassment. KELLY KLEIN All evictions must begin with written notice. You can also prepare a written roommate agreement that covers the day-to-day details of living together. domestic violence counselors and resources, Welfare and Institutions Code section 15610.07, Living together or used to live together (but more than just roommates), OR. However, if theyre still being difficult, you can move forward with the eviction. (B) There is a substantial probability that the minor's interest will be prejudiced the alleged harassment, or may file a cross-petition under this section. Regardless, the court will set a trial date to take place within the next twenty days. Under 653.2, it is a misdemeanor to electronically post certain types of information about an individual on the internet. Perhaps if you reason with your roommate that its not working out (or beg them to leave), they may leave quietly and that could be the end of it. If your houseguest has been there less than 30 days, you can tell them to leave. of confidential information has been made without a court order, the court may impose 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 . If your roommate is on the lease agreement with you, then they only answer to your landlord. the support person from the courtroom if the court believes the support person is A temporary restraining order may be issued with or without notice, based on a declaration Current as of January 01, 2019 | Updated by FindLaw Staff. The support person is not present as a legal adviser and may not provide legal advice. making harassing telephone calls to an individual, or sending harassing correspondence 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. to an individual by any means, including, but not limited to, the use of public or (7) If the law enforcement officer determines that a protective order has been issued (B) With the approval of the Department of Justice, entering the order or proof of This order will require your roommate to leave the apartment immediately. modified or terminated by the court. If your roommate is threatening you, harassing you or hurting you, you can apply for an Order for Protection ("OFP") or a Harassment Order. You cannot evict a co-tenant. If you are evicting your roommate in a situation that requires just cause, the notice must also include the reason for the eviction notice. Both co-tenants directly and individually pay rent to the landlord. Among those reasons, abuse is paramount. of the petition. (n) A notice of hearing under this section shall notify the respondent that if the With our ever-increasing lists of rooms and roommates across the world, Roomi can help find your perfect new roommate. to law enforcement personnel all information required under subdivision (b) of Section 6380 of the Family Code regarding any order issued under this section, or a reissuance, extension, modification, California Roommate Agreement (Free Template) | PDF & Word But you cant have more occupants than is legal under zoning laws (usually no more than 2 per room). California Harassment Law Explained [+Protection Guide] - DoNotPay It may affect his or her ability to see his or her children. spoken in any other manner that has placed the petitioner in reasonable fear of violence, If not, you will most likely need to go through the court eviction process. Remember: Any agreements should be written down and signed by both parties. Read More: California Sublet Laws: Rules for Tenants & Subtenants. or otherwise, or coming within a specified distance of, or disturbing the peace of, He or she will not be able to go to certain places or to do certain things. If youre subleasing to a roommate, you can evict them in California much more quickly especially if theres a history of bad behavior. (p)(1) Either party may request a continuance of the hearing, which the court shall We have lived in the house since June 2013, and our lease doesnt end until June 2015. Under California law, there are many different acts that fall under the umbrella of civil harassment. petitioner and to any additional law enforcement agencies within the court's discretion This may include how you will resolve any problems that come up, and knowing your legal rights as a roommate. If your roommate signed a written sublease agreement with you, you must have just cause for eviction and must provide only three days written notice. The person getting the restraining order is called the "protected person.". as are requested by the petitioner. The law mandates that eviction shouldnt be a way to retaliate or discriminate against an individual. The information provided on this website does not, and is not intended to, constitute legal advice. I have had to remove several of my belongings because of the dog. If, for example, you are pursuing eviction and plan to give 30 or 60 days notice, you dont need to provide a good reason. Speak up if youre upset by something your roommate (or a roommates guest or pet) did or didnt do, said, or didnt say. Even if theyre guilty of roommate harassment, the best you can do is report them to the landlord. 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. Each roommate is jointly and severally liable for paying the rent, and this term is often specifically cited in leases. on the petition. of conduct.. Roommate Harassment, Laws & Everything You Can Do About It. If the petition is filed too late in the day to permit effective review, the order If you are not on the lease and your roommate ismaybe youre the one subletting, for instanceyou dont have many options. In that case, you will have to accept the rent payment and evict for another reason later on. Section 6205) of Division 7 of Title 1 of the Government Code, subdivision (b) of Section 6380 of the Family Code, Division 10 (commencing with Section 6200) of the Family Code, subdivision (i) of Section 6380 of the Family Code, paragraph (4) of subdivision (b) of Section 6103.2 of the Government Code, https://codes.findlaw.com/ca/code-of-civil-procedure/ccp-sect-527-6/, Read this complete California Code, Code of Civil Procedure - CCP 527.6 on Westlaw, Law Firm Tests Whether It Can Sue Associate for 'Quiet Quitting', The Onion Joins Free-Speech Case Against Police as Amicus, Bumpy Road Ahead for All in Adoption of AI in the Legal Industry. to that minor, be kept confidential. However, I have a strong desire to get out of the lease early. order, or if it is in the best interest of the minor. make an independent inquiry. ordered by the court. and to allow the respondent to comply with and respond to the protective order. no more information than necessary is disclosed, and a delay would be caused by first California Law Landlord Roomates - Bornstein If the judge finds by clear and convincing evidence that unlawful harassment exists, 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.