The request may be made in writing before or at the hearing, or orally at the hearing. 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. (4) If information about a minor has been made confidential pursuant to subdivision A fee shall not be paid for filing a response to a petition alleging these acts. Consult an attorney regarding your particular issues. for the expiration date is issued at the hearing, a copy of the restraining order How Do I Evict Someone When There Is No Lease? We have lived in the house since June 2013, and our lease doesnt end until June 2015. (3) The Judicial Council form for temporary orders issued pursuant to this subdivision (g) Within 21 days, or, if good cause appears to the court, 25 days from the date According to Minnesota law, the landlord promises to keep your rental place and all common areas fit for the use intended by the parties. Contact Us. 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. Those can include the employee's race, disability, religion, sex, gender identity, marital status, sexual orientation, or pregnancy, among other reasons. 1 But when things go wrong, it can feel like hell. in paragraph (6) of subdivision (b). Find more information . Roommates rights can be limited when their behavior gets seriously out of line. 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. Physically hurting or trying to hurt someone intentionally or recklessly; Making someone reasonably afraid that he or she or someone else is about to be seriously hurt (like threats or promises to harm someone); OR. If the roommate harassment in question constitutes violence, heres what you can do. He or she will generally not be able to own a gun. (m)(1) Except as provided in paragraph (2), upon the filing of a petition under this section, the respondent shall be personally served 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. under subdivision (b), or if it is in the best interest of the minor. But your issue may be more complicated. 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. If they are adamant to stay, file for an unlawful detainer lawsuit in court. the existence and current status of orders issued under this section to law enforcement Contacting, calling, or sending any messages (including e-mail); Disturbing the peace of the protected people. 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. However, per the Tenant Protection Act of 2019 (Assembly Bill 1482, effective January 2020), landlords must provide "just cause" in order to evict a tenant. order before the expiration date specified in the order by a party other than the Remember that eviction can never be performed for a reason that is retaliatory or discriminatory. 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. But if it doesnt specify, generally in California ahouseguest becomes a tenant after 30 days. become part of the public file in the proceeding or any other civil proceeding involving Deprivation by a caregiver of things or services that the elder or dependent adult needs to avoid physical harm or mental suffering. In this case, the long arm of the law isn't just long, it belongs to someone else, but the eviction process will proceed for the contenant just as it would for a regular, singular tenant. If you do arrange for early termination of your lease, then get that agreement in writing, signed by you and your landlord. Only a landlord has that legal right. A notice shall be provided to the respondent that identifies the specific information 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. Often, abuse takes many forms, and abusers use a combination of tactics to control and have power over the person being abused. shorten the time for service on the respondent. (x)(1) The Judicial Council shall develop forms, instructions, and rules relating 1-800-4-A-CHILD (1-800-422-4453) & www.childhelp.org, 1-800-273-8255 (TALK) & www.suicidepreventionlifeline.org, 1-202-737-6444 & www.nationalhomeless.org, 1-800-537-2238 & www.nrcdv.orgorwww.vawnet.org, 1-888-792-2873 & www.futureswithoutviolence.org, 1-312-726-7020 ext. (2) If the court grants a continuance, any temporary restraining order that has been to subdivision (b) of Section 1005, of the proceeding by personal service or, if the The injured roommates can sue for damages monetary compensation in exchange for all the associated headaches, trouble and grief this would cause. 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. The following amounts to "harassment" under California law: Assault (intentionally attempting to cause harmful or offensive contact) Example: Someone swings a fist at you, or throws an object at you, with the intention of hitting you, but miss. If you do have a good reason to evict a roommate, you have to know how it works. 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 the court expressly finds all of the following: (A) The minor's right to privacy overcomes the right of public access to the information. Certain cities require just cause be provided to month-to-month tenants if they are living in a rent-controlled or subsidized housing program. making harassing telephone calls to an individual, or sending harassing correspondence You cant evict them. To evict your roommate in California, you need to start by giving them a three-day notice to cure or quit. Search: Roommate Harassment Laws California. If that wont work, then maybe you can find a third party whom both you and your roommate trust to mediate an acceptable resolution for both parties. How to Evict a Family Member From a House. 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. will be served on you by mail at the following address: ____. law enforcement officer who is present at the scene of reported harassment involving as are requested by the petitioner. However, if a roommate is not named on the lease, the named roommate may be held responsible for the full rent that is owed to the landlord. to the petitioner. 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. You ask for a restraining order to protect an employee who has suffered stalking, serious harassment, violence, or a credible (real) threat of violence at the workplace. granted shall remain in effect until the end of the continued hearing, unless otherwise I realize that one or both of the parties who sign the lease are responsible for paying the landlord. The temporary restraining order may include any of the restraining orders described If you are evicting your roommate in a situation that requires just cause, the notice must also include the reason for the eviction notice. Unfortunately, you cant just evict a roommate in California. to the Department of Justice in accordance with either paragraph (2) or (3). If the landlord does not get paid, he will likely evict. Information provided by readers is not confidential. Over three weeks, the bad odor got worse to where roommates claim it is affecting their health and makes them vomit. 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! and the other party are required to be present in close proximity. A subtenant is impotent and cannot evict anyone, while a landlord can evict all tenants from the premises, with caveats. Under 653.2, it is a misdemeanor to electronically post certain types of information about an individual on the internet. A co-tenant can, however, evict a subtenant. for the order to be filed that day with the clerk of the court. connection with an animal owned, possessed, leased, kept, or held by the petitioner, He may evict them anyways for the party if that is a material breach of the lease or if they are damaging property. (a) A landlord shall not with intent to terminate the occupancy under any lease or other tenancy or estate at the following methods: (A) Transmitting a physical copy of the order or proof of service to a local law enforcement For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. order, or if it is in the best interest of the minor. or residing in the residence or household of the petitioner, the court may do either or otherwise, or coming within a specified distance of, or disturbing the peace of, The same would apply to a co-tenant who had to make an entire rent payment because a roommate didn't contribute his portion. The restraining order will include a residence exclusion order, requiring your roommate to move out as soon as it takes effect. As well as fulfilling other rental obligations. 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. Stay up-to-date with how the law affects your life. If the subtenant refuses to comply and remains in the rental unit, the tenant may file for an unlawful detainer lawsuit against them. (2) The court may order the information specified in paragraph (1) be kept confidential 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. However, if your life is in danger, go right ahead and evict that roommate. Under state law, a landlord can evict a month-to-month tenant by serving a 30-day notice that the tenancy is being terminated - no reason is necessary. The person accused is not engaged in constitutionally protected activity. to matters governed by this section. Even with a clear written roommate agreement, disputes might arise. 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. Roommates that a pose a threat can be evicted. Search: Roommate Harassment Laws California. 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. Landlords are also within their rights for evicting a tenant or cotenant who is a serious nuisance to other residents of the building even after being given fair warning, or if the tenant poses a threat to the safety of others on the premises. If your roommate is on the lease with your landlord, then you will need to go to the landlord to discuss removing your roommate, and the landlord would need to handle the court eviction process. Contact us. One co-tenant cannot evict another co-tenant, no matter how despicable the behavior. This might need you to know your legal rights as a roommate and intervention from law enforcement. Remember: Any agreements should be written down and signed by both parties. Under California law, courts can make orders to protect an employee from suffering unlawful violence or credible threats of violence at the workplace. court costs and attorney's fees, if any. Once in motion, your roommate may choose to respond to the court in an attempt to fight the eviction. Our partner Rocket Lawyer has lawyers ready to answer your question WITHIN MINUTES for just $49.99 (Save $200+ vs hiring a lawyer). Once you start thinking about getting a replacement (and screening them so that this never happens again) we can takeover. until the party who is protected can be properly noticed and may, upon a showing of 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. But also, roommate harassment issues are very real. Current as of January 01, 2019 | Updated by FindLaw Staff. (2) The court shall order a person subject to a protective order issued pursuant to Participation in this column does not create an attorney/client relationship with Klein. Unlawful violence, like assault or battery or stalking, OR. been served personally with the order but has received actual notice of the existence but not served, the officer shall immediately notify the respondent of the terms of Broken link? By 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. A request for renewal may be brought any time within the three months before the I have tried everything with my roommate but she keeps refusing. striking, stalking, threatening, sexually assaulting, battering, abusing, telephoning, notice. Consequences can wait. Civil harassment is when someone receives abuse, threats of abuse, or harassment by someone they have not dated and with whom they do not have a close family relationship. So landlords can evict roommates, but roommates beholden to the same lease can't evict each other. It may affect his or her ability to see his or her children. 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. California law lets you terminate your lease without penalties if youor someone you live withis being subjected to domestic violence by a current or former spouse, partner, or roommate. 3 Steps to Evict a Roommate Not on the Lease, Rent rooms and find roommates in our verified community. not own, possess, purchase, receive, or attempt to purchase or receive a firearm or The trickiest part about dealing with a dangerous roommate is that things that you want to happen immediately take a long time. Reviewed by: Michelle Seidel, B.Sc., LL.B., MBA. (4) Petitioner means the person to be protected by the temporary restraining order and order after state or local law; nor shall this section enlarge or diminish any ability of local government to regulate or enforce a prohibition against a landlord's harassment of a tenant. If the court imposes a sanction, the court shall first determine whether the person You can avoid a lot of headaches by carefully selecting housemates. 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. NOTE: We do not give legal advice, only general legal info. A lease makes you cotenants. Read More: Rights for Roommates Not on a Lease. In this series, we want to resolve the quandaries. Related: According to New York state law, you must give your roommate at least 30 days to vacate. But it can often be a necessity when you cant afford a house or apartment on your own. A roommates right to sue a subtenant can depend on whether an agreement is in place between them and, if so, whether its in writing. NOTE: If your roommate is threatening you with violence or otherwise doing dangerous illegal activities, call the police. Youll end up with a fine. After entering into a binding agreement with the landlord, the master tenant contracts with another person, a roommate or housemate called the Subtenant, who is responsible for paying rent to the master tenant. This may include how you will resolve any problems that come up, and knowing your legal rights as a roommate. order was converted to a restraining order at the hearing without substantive change or termination of the order, and any subsequent proof of service, by either one of Including a section on dispute resolution in your roommate agreement, perhaps an agreement to try mediation on specific issues might help. I moved back home with my family because I don't feel safe living in the apartment. existence of the order. It even protects you if you're being abused by someone you're dating . provided in this section. (2) If the court determines at the hearing that, after a diligent effort, the petitioner The person the restraining order is against is the "restrained . . 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 Civil harassment restraining order (can be used for protection from neighbors, roommates, coworkers, or more distant family members like cousins, uncle or aunt, etc.). sanctioned for disclosure of the confidential information. 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.