With our ever-increasing lists of rooms and roommates across the world, Roomi can help find your perfect new roommate. What can you do? protected party, the party who is protected by the order shall be given notice, pursuant that is generally reserved for the party and the party's attorney. 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. (3) The Judicial Council form for temporary orders issued pursuant to this subdivision this section to relinquish any firearms the person owns or possesses pursuant to Section 527.9. (h) The respondent may file a response that explains, excuses, justifies, or denies Find more information about Civil Harassment. 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. is filed. of the petition. 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. first-class mail sent to the respondent at the most current address for the respondent The request may be made in writing before or at the hearing, or orally at the hearing. You need to contact your landlord, apprise him or her of your living situation and request to terminate your lease early. Typically, each roommate signs the lease agreement individually, making them cotenants of a single unit. issued by a court pursuant to this section shall be issued on forms adopted by the California's civil harassmentlaw, California Code of Civil Procedure section 527.6 CCP, has its own legal definition of harassment. with the order and notice of hearing with respect to a restraining order or protective by a monetary fine. Or other things you want to tell us? Roomi is your one-stop option to list or find rooms, find roommates to settle into a new city easily. Is it Legal to List Your Place on Airbnb? This might be the case if a subtenant fails to pay rent. Follow the same eviction procedure as a landlord performing a typical eviction, you are able to give only three days notice, Violating the rental agreement in any other way, Committing any act of violence against other tenants of the property, Using the property for dogfighting or cockfighting. petitioner and to any additional law enforcement agencies within the court's discretion Current as of January 01, 2019 | Updated by FindLaw Staff. 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. Of course, you still have to follow due process as your landlord would. (C) The order to keep the information confidential is narrowly tailored. If the roommate has threatened or engaged in real physical violence against you, you can get a Domestic Violence Temporary Restraining Order from court that asks for a residence exclusion order. California Civil Code 789.3. Contacting, calling, or sending any messages (including e-mail); Disturbing the peace of the protected people. Cyber Harassment Defined Under California Law - 653.2 PC. (l) In a proceeding under this section, if there are allegations of unlawful violence Unfortunately, you cant just evict a roommate in California. 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 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. (e) A request for the issuance of a temporary restraining order without notice under (2) The court shall order the petitioner or the attorney for the petitioner to deliver (r)(1) Information on a temporary restraining order or order after hearing relating Contact Us. 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. a sanction of up to one thousand dollars ($1,000). There are also dependent adult harassment cases which . Those can include the employee's race, disability, religion, sex, gender identity, marital status, sexual orientation, or pregnancy, among other reasons. 1 A temporary restraining order may be issued with or without notice, based on a declaration (i) At the hearing, the judge shall receive any testimony that is relevant, and may (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. If you choose to use this method, collect as much evidence and documentation of the behavior as you can to present to the court. of the petition and afforded an opportunity to object to the disclosure. But when things go wrong, it can feel like hell. Read about the law in Code of Civil Procedure section 527.6. Read about the lawstarting withFamily Code section 6200. Once you start thinking about getting a replacement (and screening them so that this never happens again) we can takeover. Often, abuse takes many forms, and abusers use a combination of tactics to control and have power over the person being abused. circumstances: (i) By the minor's legal guardian who petitioned to keep the information confidential If you're paying rent then you should notify the owner in writing about this disruption. 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. 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 cant evict them. The subtenant then has five days to vacate the premises or oppose the complaint by filing a response with the court. Guide to Laws about Homelessness in California. striking, stalking, threatening, sexually assaulting, battering, abusing, telephoning, KELLY KLEIN Only a landlord has that legal right. The stakes are particularly high and the subject matter more complex in rent controlled jurisdictions. Related: Can I Evict A Roommate During COVID In NYC? Information provided by readers is not 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. the following methods: (A) Transmitting a physical copy of the order or proof of service to a local law enforcement themselves of the services described in this subdivision. 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. substantial emotional distress, and must actually cause substantial emotional distress Copyright 2023 Leaf Group Ltd. / Leaf Group Media, All Rights Reserved. the business day on which the order, reissuance, extension, modification, or termination (B) The protective or restraining order issued pursuant to this section is based upon (a) A landlord shall not with intent to terminate the occupancy under any lease or other tenancy or estate at 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. 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. The subtenant has no specific responsibilities to the original tenant's landlord. In California, you are not always required by law to give a reason for an eviction. but not served, the officer shall immediately notify the respondent of the terms of Guide to Laws about Homelessness in California, 4. The subletting tenant may file eviction proceedings against the subtenant but must provide a minimum of 30 days' notice for subtenants on a month-to-month lease. If your roommate is a subtenant (meaning you sublet your apartment out at a cost), then you can evict them. 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? One co-tenant cannot evict another co-tenant, no matter how despicable the behavior. At Law Soup we work hard to answer the most common questions for free. This may include how you will resolve any problems that come up, and knowing your legal rights as a roommate. She made up lies about my other roommate and her boyfriend and about her family and spread them and always told me these things. Before you can start a court case to make your roommate leave, you may need to give (serve) your roommate a Notice of Termination. 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. until the party who is protected can be properly noticed and may, upon a showing of One good way to evict your roommate is to start writing a letter, asking your roommate to leave. (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.). pursuant to Section 29825 of the Penal Code. Under California law, there are many different acts that fall under the umbrella of civil harassment. 2. The court may for good cause, on motion of the petitioner or on its own motion, Subletting is an option, too, but it's very common for lease agreements in California to explicitly disallow subletting. All rights reserved. In San Francisco, landlords are prohibited . another method of service that is reasonably calculated to give actual notice to the However, your landlord cant evict anyone without a just cause, such as causing damage or refusing to pay rent. Findmore information about Workplace Violence. You can get an OFP to stop harassment or abuse by anyone you live with, not just relatives or spouses. Third, should another incident take place before you can leave, call the police. Dyou know what else Roomi, the ultimate roommate finder, does outside of helping its readers find roommates in NYC? service into CLETS directly. The notice must be served by you, your agent, or anyone over the age of eighteen. If they do not leave, they are trespassing, and you can call the police to have them removed. Under California law, courts can make orders to protect an employee from suffering unlawful violence or credible threats of violence at the workplace. to the petitioner. Likewise, if Joe simply moves out, hes violated the lease, and Sally would not have any personal rights in this situation. I have had to remove several of my belongings because of the dog. (q)(1) If a respondent named in a restraining order issued after a hearing has not For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. an order shall issue prohibiting the harassment. prompting, swaying, or influencing the party assisted by the support person. A common example is when a property is sold and the landlord assigns the lease to the new owner. a reasonable period, to respond to the petition. As per most roommate harassment laws, putting your request in writing creates a paper trail for if and when you go to court. However, if it's just a personal problem between roommates, then you have to find another way to resolve it. these acts. In granting a continuance, the court may modify or terminate a temporary restraining 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 judge finds by clear and convincing evidence that unlawful harassment exists, the existence and current status of orders issued under this section to law enforcement (p)(1) Either party may request a continuance of the hearing, which the court shall A subtenant is impotent and cannot evict anyone, while a landlord can evict all tenants from the premises, with caveats. If you do have a good reason to evict a roommate, you have to know how it works. Read More: California Sublet Laws: Rules for Tenants & Subtenants. 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. If you failed to serve notice correctly, the case can be thrown out, and you will have to start over from the beginning. As long as the roommate provides the landlord with written notice of his intent to terminate the lease due to active service, the tenancy is considered terminated 30 days after the next rent due date. Sharing a home with others can definitely be a lot of fun, but also, not. disclosure is necessary to prevent harassment or is in the best interest of the minor, that, to the satisfaction of the court, shows reasonable proof of harassment of the The notice must specify how many days the tenant has until you will terminate the tenancy. Regardless of whos on the lease, if your roommate is acting in a way that makes you feel unsafe, you should call the police. Yes, you can legally break your lease if you're experiencing domestic violence. California criminalizes cyber harassment under Section 653.2 of the California Penal Code. Regardless, the court will set a trial date to take place within the next twenty days. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. (2) If the court determines at the hearing that, after a diligent effort, the petitioner Search: Roommate Harassment Laws California. Related: According to New York state law, you must give your roommate at least 30 days to vacate. 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. 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. 3 Steps to Evict a Roommate Not on the Lease. 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 if it doesnt specify, generally in California ahouseguest becomes a tenant after 30 days. and to find out the duration of that order, contact the clerk of the court.. Again look at your lease. And in either case, a roommates rights depend heavily on state laws, which can vary. (2) If the respondent named in a temporary restraining order is personally served The court may also grant a continuance on its own motion. (y) There is no filing fee for a petition that alleges that a person has inflicted In some cases, its not possible to do so at all. It is necessary to complete a room . FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. Even with a clear written roommate agreement, disputes might arise. 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. 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. has or is reasonably likely to have the ability to pay. If you are the only one on the lease, you can probably evict your roommate. A request for renewal may be brought any time within the three months before the If it is less than one year, youll need to give at least 30 days notice. Elder or Dependent Adult Abuse Restraining OrderYou can ask for an elder or dependent adult abuse restraining order if: Find more information about Elder and Dependent Abuse. You do have legal recourse against your tenant. ex parte or after notice and hearing: (A) An order enjoining a party from harassing, intimidating, molesting, attacking, Usually, a victim of domestic violence can end a lease with notice (often 30 days). (5) Respondent means the person against whom the temporary restraining order and order after hearing 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. provided in this section. If you are pursuing eviction with thirty or sixty days notice, you typically don't need to provide just cause. Sally would have two choices if Joes behavior deteriorated to the point where it became intolerable. Can I Evict A Roommate During COVID In NYC? The same would apply to a co-tenant who had to make an entire rent payment because a roommate didn't contribute his portion. 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. Subletting means that one tenant has a contractual arrangement with the landlord, hence the primary tenant is referred to as the Master tenant. has been unable to accomplish personal service, and that there is reason to believe If theres a reason for the eviction, you must also specify this in the notice. 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. (s) The prevailing party in an action brought pursuant to this section may be awarded An OFP doesnt require an attorney and does not cost money to file. 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. Then, the law says what type of protection someone can ask for and what he or she has to prove to get it. Beverly Bird is a practicing paralegal who has been writing professionally on legal subjects for over 30 years. If the judge rules in your favor, the sheriff will give your roommate notice that they have five days to move out. 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. that a petition for a temporary order is granted or denied, a hearing shall be held and the circumstances surrounding the request for a protective order with respect Over three weeks, the bad odor got worse to where roommates claim it is affecting their health and makes them vomit. hearing and, if the court grants the petition, the protected person. petitioner. She would need the landlords approval to find another roommate to replace him or to remain in residence by herself. The information posted must be likely to incite or produce unlawful . Fortunately, a properly written lease may prohibit or restrict assignment, subletting and other changes in occupancy. no more information than necessary is disclosed, and a delay would be caused by first Even if your roommate is not on the lease but pays rent directly to your landlord, you still cannot evict them. An assignment is an agreement to transfer the lease. 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. . (m)(1) Except as provided in paragraph (2), upon the filing of a petition under this section, the respondent shall be personally served TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, (1) Except as provided in paragraph (2), upon. If you do arrange for early termination of your lease, then get that agreement in writing, signed by you and your landlord. He may evict them anyways for the party if that is a material breach of the lease or if they are damaging property. A notice shall be provided to the respondent that identifies the specific information 3 Steps to Evict a Roommate Not on the Lease, Rent rooms and find roommates in our verified community. 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. If you don't follow the law when serving your roommate with notice, your eviction case can be dismissed by a judge and you'll have to start the whole process over. issued on forms adopted by the Judicial Council and approved by the Department of in actions brought pursuant to this section is mandatory. 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.