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. If the landlord does not get paid, he will likely evict. To evict your roommate in California, you need to start by giving them a three-day notice to cure or quit. (2) The failure to state the expiration date on the face of the form creates an order Kelly Klein is a Minneapolis attorney. that has been made confidential and shall include a statement that disclosure is punishable apply: (A) The protective or restraining order issued pursuant to this section is based upon You can get an OFP to stop harassment or abuse by anyone you live with, not just relatives or spouses. If you failed to serve notice correctly, the case can be thrown out, and you will have to start over from the beginning. In California, unlawful workplace harassment occurs when a person directs negative, inappropriate, or unwanted conduct at a worker based on certain protected characteristics. order. They earn access to the same rights as a person named on your lease, making eviction less likely. Unlawful violence, like assault or battery or stalking, OR. (D) No less restrictive means exist to protect the minor's privacy. If you and your roommate have a separate agreement that each of you is responsible for half of the rent for the length of the lease, then you can sue your roommate for the unpaid rent each month. And in either case, a roommates rights depend heavily on state laws, which can vary. 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. However, if youre aiming to evict someone within a shorter time frame, then you need to be able to justify your position. spoken in any other manner that has placed the petitioner in reasonable fear of violence, protected party has satisfied the requirements of Chapter 3.1 (commencing with Section 6205) of Division 7 of Title 1 of the Government Code, by service on the Secretary of State. (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. I am not getting along with the person. These abuses may include a violation of privacy rights or harassment enacted by altering the premises, such as changing locks without notice or cutting off utilities. Abuse of an elder or a dependent adult is abuse of: The law says elder or dependent adult abuse is: Read about the law in Welfare and Institutions Code section 15610.07. 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. (u)(1) A person subject to a protective order issued pursuant to this section shall A temporary restraining order may be issued with or without notice, based on a declaration 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. Usually, its a judge-only trial. 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. Again look at your lease. The order may be renewed, upon the request of a party, for a duration of no more You need to contact your landlord, apprise him or her of your living situation and request to terminate your lease early. shall be granted or denied on the next day of judicial business in sufficient time for the purpose of enforcing the order. Likewise, if Joe simply moves out, hes violated the lease, and Sally would not have any personal rights in this situation. order or protective order issued at the hearing may be served on the respondent by Yes, you can legally break your lease if you're experiencing domestic violence. and the circumstances surrounding the request for a protective order with respect At Law Soup we work hard to answer the most common questions for free. (j)(1) In the discretion of the court, an order issued after notice and hearing under Guide to Car Accident Law in California, IMPORTANT: USE OF THIS SITE MEANS YOU AGREE TO TERMS, See an error? Federal law, in the form of the Civil Relief Act, also takes the side of active military servicemembers. (B) At any time, the court on its own may authorize a disclosure of any portion of protective or restraining order to be issued, if either of the following conditions 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. Third, should another incident take place before you can leave, call the police. regarding the minor that was obtained in connection with a request for a protective grant on a showing of good cause. What can you do? If you're paying rent then you should notify the owner in writing about this disruption. There are also dependent adult harassment cases which . But you are still responsible for the entire rent. 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. Certain cities require just cause be provided to month-to-month tenants if they are living in a rent-controlled or subsidized housing program. NOTE: We do not give legal advice, only general legal info. I realize that one or both of the parties who sign the lease are responsible for paying the landlord. (And he or she will have to turn in, sell or store any guns they have now and not be able to buy a gun while the restraining order is in effect.). In order to evict a roommate who has established residency in NYC, you must use the court system to evict your roommate, even if he or she is not listed on the lease as a tenant. In that case, you will have to accept the rent payment and evict for another reason later on. 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. Consult an attorney regarding your particular issues. If you do have a good reason to evict a roommate, you have to know how it works. 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. of the order. Be specific and let your roommate know how to keep the peace in the future. Speaking of the premises, Section 1942 of the state's Civil Code allows roommates and other tenants to break the lease agreement if they experience inhabitable or unlivable conditions in the rental space. this section shall be granted or denied on the same day that the petition is submitted Then, the law says what type of protection someone can ask for and what he or she has to prove to get it. The person getting the restraining order is called the "protected person.". Regardless, the court will set a trial date to take place within the next twenty days. (x)(1) The Judicial Council shall develop forms, instructions, and rules relating 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. 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. 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 temporary restraining order, except for the duration of the order, the restraining (ii) The respondent to allow the respondent to comply with the order for confidentiality Civil harassment has a specific definition in the law, and while his can vary a bit from place to place, here's the generality for Californ California Court Services Status Due to COVID-19 This handbook is designed for all participants, those taking, defending or facing a deposition The law only allows the victim of domestic abuse or sexual assault . 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. Or other things you want to tell us? to the Department of Justice in accordance with either paragraph (2) or (3). The injured roommates can sue for damages monetary compensation in exchange for all the associated headaches, trouble and grief this would cause. Guide to Laws about Homelessness in California. If the court imposes a sanction, the court shall first determine whether the person respondent and may prescribe the manner in which proof of service shall be made. petitioner and to any additional law enforcement agencies within the court's discretion Read More: California Sublet Laws: Rules for Tenants & Subtenants. My Roommate Is Really Creepy! 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. If your houseguest has been there less than 30 days, you can tell them to leave. the business day on which the order, reissuance, extension, modification, or termination In many cases, roommates cant co-exist and this leads to a revolving door of swapping roommates, creating confusion as to who is responsible for what, when rent can be raised, and how to legally evict tenants/occupants. 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. If a request for a temporary order is not made, the hearing shall be held within for the expiration date is issued at the hearing, a copy of the restraining order Well, there can be a wide range of things that can be considered roommate harassment. A fee shall not be paid for a subpoena filed in connection with a petition alleging The court may for good cause, on motion of the petitioner or on its own motion, Asked on December 8, 2011 under Real Estate Law, Ohio . or threatened violence against the petitioner, stalked the petitioner, or acted or However, if your life is in danger, go right ahead and evict that roommate. 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. It's essential that you serve notice exactly how the law demands. as are requested by the petitioner. 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. themselves of the services described in this subdivision. But it can often be a necessity when you cant afford a house or apartment on your own. Deprivation by a caregiver of things or services that the elder or dependent adult needs to avoid physical harm or mental suffering. Roommate Harassment Laws Roommates' rights can be limited when their behavior gets seriously out of line. If your roommate is not paying rent, doing something illegal in the unit, or damaging the apartment, your landlord may step in to evict them for you. (i) At the hearing, the judge shall receive any testimony that is relevant, and may Do I have any legal recourse against the other tenant under the terms of the lease? Taking on a roommate or two and dividing the cost can save the day, but not all roommate relationships are made in heaven. Whos in My House? (v), the notice shall identify the information, specifically, that has been made confidential Verbal notice shall include the information required pursuant to paragraph (4) of 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. shall contain a statement in substantially the following form: If you have been personally served with this temporary restraining order and notice 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. The burden of proof is on you, so all of the documentation you have collected come into play here. Download the app and sign up today! In that case, if the notice period expires and the roommate doesnt budge, you must file paperwork in court to start an unlawful detainer suit against your roommate. (n) A notice of hearing under this section shall notify the respondent that if the You dont want to find yourself on the wrong side of the law, even though youre in the right. The trial will not have a jury; eviction lawsuits are decided only by a judge. The subtenant then has five days to vacate the premises or oppose the complaint by filing a response with the court. Send this article to anyone, no subscription is necessary to view it, Anyone can read, no subscription required, See The person getting the restraining order is called the protected person. The person the restraining order is against is the restrained person. Sometimes, restraining orders include other protected persons like family or household members of the protected person. Subletting means that one tenant has a contractual arrangement with the landlord, hence the primary tenant is referred to as the Master tenant. 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. 0 found this answer helpful | 1 lawyer agrees. If youre evicting your roommate for a just cause and they rectify their behavior, they can stay. 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. A common example is when a property is sold and the landlord assigns the lease to the new owner. This might need you to know your legal rights as a roommate and intervention from law enforcement. to subdivision (i) of Section 6380 of the Family Code. 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. (4) If information about a minor has been made confidential pursuant to subdivision The petition and response forms shall be simple and concise, and their use by parties An OFP doesn't require an attorney and does not cost. (B) With the approval of the Department of Justice, entering the order or proof of In California, whether or not you can evict your roommate is situational. An example of such a person would be a roommate or a neighbor. Otherwise, the original tenant would be loosely considered to be the new tenants landlord. A roommate of mine was spreading rumors about me and another of our roommates. Related: Why Should I Sign a Roommate Agreement? (2) A minor, under 12 years of age, accompanied by a duly appointed and acting guardian ad litem, shall be permitted to appear . Elder or Dependent Harassment. making harassing telephone calls to an individual, or sending harassing correspondence a temporary restraining order in accordance with Section 527, except to the extent this section provides an inconsistent rule. How Do I Evict Someone When There Is No Lease? 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. What Happens If One Roommate Breaks The Lease? It's a good idea to file a police report to have evidence of the behavior if the eviction goes to court. or credible threats of violence, a support person may accompany a party in court and, (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. (k) This section does not preclude either party from representation by private counsel If the dog is not an authorized pet on the lease, your landlord can evict your roommate for violating the lease. 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. (3)(A) If the request is granted, except as provided in paragraph (4), information 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. (3) A person who owns, possesses, purchases, or receives, or attempts to purchase Before a roommate becomes an ex-roommate for breaking a lease, it's essential to understand whether or not they are within their rights. The subtenant has no specific responsibilities to the original tenant's landlord. to the petitioner. 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. Restraining Orders. 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. the confidential information to certain individuals or entities as necessary to prevent or threats of violence, in an action brought pursuant to this section. a sanction of up to one thousand dollars ($1,000). She would need the landlords approval to find another roommate to replace him or to remain in residence by herself. A credible threat of violence includes following or stalking someone or making harassing calls or sending harassing messages (by phone, mail, or e-mail) over a period of time (even if it is a short time). If the roommate harassment in question constitutes violence, heres what you can do. Once you start thinking about getting a replacement (and screening them so that this never happens again) we can takeover. But if it doesnt specify, generally in California ahouseguest becomes a tenant after 30 days. Having a roommate can be awesome! Beverly Bird is a practicing paralegal who has been writing professionally on legal subjects for over 30 years. Those can include the employee's race, disability, religion, sex, gender identity, marital status, sexual orientation, or pregnancy, among other reasons. 1 Related: Rules To Set In Apartments For Rent With Roommates. Additionally, the issues are fairly minor and easily resolvable. The party who petitioned the court to keep the information confidential pursuant According to Minnesota law, the landlord promises to keep your rental place and all common areas fit for the use intended by the parties. The temporary restraining order may include any of the restraining orders described (2) The court shall order a person subject to a protective order issued pursuant to If you are not on the lease and your roommate ismaybe youre the one subletting, for instanceyou dont have many options. (B) There is a substantial probability that the minor's interest will be prejudiced In general, you cannot just physically remove your roommate (that could be considered assault or battery), and you cant just change the locks. (2) A temporary restraining order or order after hearing relating to civil harassment has been unable to accomplish personal service, and that there is reason to believe But harassing a person based on his or her race, religion or disability is a more serious crime punishable by up to 364 days . provided in this section. Verbal notice of the terms of the order shall constitute service of the order and Lacking minor repairs typically doesn't make a rental uninhabitable in the eyes of the court, but serious health and safety issues or deficiencies very well might. On a showing of good cause, in an order issued pursuant to this subparagraph in existence of the order. 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. A request for renewal may be brought any time within the three months before the As per most roommate harassment laws, putting your request in writing creates a paper trail for if and when you go to court. become part of the public file in the proceeding or any other civil proceeding involving the alleged harassment, or may file a cross-petition under this section. It can be complicated so be sure to speak to a lawyer for your situation. Provide any evidence of the reason for the eviction. Subletting is an option, too, but it's very common for lease agreements in California to explicitly disallow subletting. Youll end up with a fine. ex parte or after notice and hearing: (A) An order enjoining a party from harassing, intimidating, molesting, attacking, 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. (t) Willful disobedience of a temporary restraining order or order after hearing granted I have had to remove several of my belongings because of the dog. pursuant to this section is punishable pursuant to Section 273.6 of the Penal Code. If a tenant is part of any of the U.S. uniformed services, which include the armed forces, activated National Guard, commissioned corps of the National Oceanic and Atmospheric Administration, or the Public Health Service, the servicemember may terminate her tenancy if she is called to enter active military service. was made, to a law enforcement agency having jurisdiction over the residence of the In addition to the smelly new dog in the house, my roommate disrespects me every day by the way he talks to me. How to Evict a Family Member From a House. order pursuant to this section, including, but not limited to, the minor's name, address, If your houseguest has been there 30 days or more, they become a tenant (even if they havent paid any rent), and removing them is more complicated (see Roommate section below). Of course, cotenants may choose to kick out another roommate, but this is most often an informal process rather than a legal one. If it is less than one year, youll need to give at least 30 days notice. has or is reasonably likely to have the ability to pay. A fee shall not be paid for filing a response to a petition alleging these acts. 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.