You want to protect you and your family from . with the court or on the motion of a party. 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. They earn access to the same rights as a person named on your lease, making eviction less likely. Typically, each roommate signs the lease agreement individually, making them cotenants of a single unit. Sign up for our mailing list to stay up to date on the laws YOU need to know. My roommate has been harassing me and I've made the rental office aware they gave me suggestions on what I could do. Download the app and sign up today! Stay up-to-date with how the law affects your life. If the judge rules in your favor, the sheriff will give your roommate notice that they have five days to move out. Roommate Harassment, Laws & Everything You Can Do About It. Consult an attorney regarding your particular issues. A subtenant is impotent and cannot evict anyone, while a landlord can evict all tenants from the premises, with caveats. 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. (2) If the court determines at the hearing that, after a diligent effort, the petitioner 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 The protected party may waive the protected party's right to notice if the protected Under a regular cotenant lease agreement, cotenants cannot evict other cotenants, as eviction is the legal process approved by a judge by which a landlord and a tenant end their contractual relationship. The court could then order your roommate to stay away from your rental house. If your roommate has any issues with the eviction, they may try to discuss it with you. 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! to any person that files a petition if necessary to prevent harassment, as defined Civil Harassment Restraining Order in California - Shouse Law Group the parties to the proceeding. As a court complaint, this officially starts the formal eviction process. I believe Im living in a hostile environment. If your roommate has lived in the unit with you for over a year, you must provide at least sixty days notice. and that serves no legitimate purpose. Please do! California criminalizes cyber harassment under Section 653.2 of the California Penal Code. 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. 3 Steps to Evict a Roommate Not on the Lease, Rent rooms and find roommates in our verified community. It's essential that you serve notice exactly how the law demands. To do that, several things need to be looked at, like: what type of relationship there is between the person being abused or harassed and the person doing the abuse/harassment; the age of the person being abused or harassed; and the type of abuse or harassment. another method of service that is reasonably calculated to give actual notice to the That's true even if you have a separate sublease agreement with your roommate, who's subletting from you. (h) The respondent may file a response that explains, excuses, justifies, or denies Law Enforcement Telecommunications System (CLETS). To request an OFP go to the county courthouse where your rental property is located. 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. 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. A person who makes a disclosure pursuant to this clause is subject to the sanction 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. Over three weeks, the bad odor got worse to where roommates claim it is affecting their health and makes them vomit. shall be granted or denied on the next day of judicial business in sufficient time or otherwise, or coming within a specified distance of, or disturbing the peace of, 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. court costs and attorney's fees, if any. in subparagraph (A) if the person discloses the information in a manner that recklessly 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 The court may for good cause, on motion of the petitioner or on its own motion, Provide any evidence of the reason for the eviction. 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. (6) Upon receiving information at the scene of an incident of harassment that a protective 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. (Note: be sure to read our Guide to Eviction). Usually, a victim of domestic violence can end a lease with notice (often 30 days). 2011 & www.nationalcenterdvtraumamh.org, 1-800-RUNAWAY or 1-800-786-2929 & www.1800runaway.org. (2) If the court grants a continuance, any temporary restraining order that has been Copyright 2023, Thomson Reuters. 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. Co-tenants, sometimes referred to as joint tenants, are equal partners. DOC What is the legal definition of harassment in CA - California It depends on you and your roommate's status as tenants, which is determined by whose name is mentioned on the lease: If you and your roommate are both named on the lease, you are considered co-tenants and both pay rent to the landlord. (r)(1) Information on a temporary restraining order or order after hearing relating Both co-tenants directly and individually pay rent to the landlord. Find more information . Even when your roommate's name is not on the lease, California law treats them as if they were a month-to-month tenant. has or is reasonably likely to have the ability to pay. The party who petitioned the court to keep the information confidential pursuant Subletting means that one tenant has a contractual arrangement with the landlord, hence the primary tenant is referred to as the Master tenant. (t) Willful disobedience of a temporary restraining order or order after hearing granted Or other things you want to tell us? 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. If you are evicting your roommate in a situation that requires just cause, the notice must also include the reason for the eviction notice. 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. (v)(1) A minor or the minor's legal guardian may petition the court to have information that a petition for a temporary order is granted or denied, a hearing shall be held Important Online Harassment Laws in California Minc Law Information provided by readers is not confidential. (a) A landlord shall not with intent to terminate the occupancy under any lease or other tenancy or estate at An OFP doesnt require an attorney and does not cost money to file. More. 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. 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. What if you could get a perfect roommate so that you dont even need to think of eviction? harassing, abusing, stalking, or; threatening you. | https://codes.findlaw.com/ca/code-of-civil-procedure/ccp-sect-527-6/. Civil Harassment Restraining OrderYou can ask for a civil harassment restraining order if you are being harassed, stalked, abused, or threatened by someone you are not as close to as is required under domestic violence cases, like a roommate, a neighbor, or more distant family members like cousins, aunts or uncles, or nieces or nephews. the time for hearing under subdivision (g), not to exceed 25 days, unless otherwise (l) In a proceeding under this section, if there are allegations of unlawful violence However, some localities in California have their own distinct just cause laws, notably Los Angeles, Santa Monica and Glendale. with the order and notice of hearing with respect to a restraining order or protective (2) A minor, under 12 years of age, accompanied by a duly appointed and acting guardian ad litem, shall be permitted to appear . but not served, the officer shall immediately notify the respondent of the terms of As per most roommate harassment laws, putting your request in writing creates a paper trail for if and when you go to court. From helping you to save money to becoming a good friend and making your home a more enjoyable place to be, you hit the jackpot when you find a good roomie. If a request for a temporary order is not made, the hearing shall be held within In California, you are not always required by law to give a reason for an eviction. 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. The notice must be served by you, your agent, or anyone over the age of eighteen. If you win the case, the sheriff will give your roommate a notice of five days to move out. 21 days, or, if good cause appears to the court, 25 days, from the date that the petition or termination of the order, and any subsequent proof of service, by the close of on the respondent, whether or not the respondent has been taken into custody, by any Speak up if youre upset by something your roommate (or a roommates guest or pet) did or didnt do, said, or didnt say. Workplace Violence Restraining OrderYou can ask for a workplace violence restraining order if: An employee CANNOT ask for a workplace violence restraining order. If your roommate is NOT on the lease with your landlord (and you are on the lease), but they pay rent to YOU (not the landlord), or they dont pay any rent but you agreed to let them live there, then you may have animpliedsublease or sublet with your roommate (or you may have created an actual sublease or sublet with your roommate). Youll end up with a fine. The information provided on this website does not, and is not intended to, constitute legal advice. or receive, a firearm or ammunition while the protective order is in effect is punishable If there is no written lease, or if the lease does not adequately address these issues, you have a problem that needs to be rectified with the guidance of Bornstein Law. become part of the public file in the proceeding or any other civil proceeding involving When someone is being abused or harassed, he or she needs to decide on the best way to get legal protection from the abuse or harassment. 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. 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. (7) If the law enforcement officer determines that a protective order has been issued (e) A request for the issuance of a temporary restraining order without notice under 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. themselves of the services described in this subdivision. Specifically, you can evict with only three days notice and have the backing of the law to pursue eviction if your roommate is guilty of any of the following: Refusal to pay rent Violating the lease agreement in any way History of roommate harassment Damaging the property and utilities Disturbing other tenants Using the unit for an illegal activity 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. If not, you will most likely need to go through the court eviction process. who alleges they are a victim of violence. provided that the disclosure is necessary to prevent harassment or is in the minor's Can I file a harassment charge against a roommate? - Avvo KELLY KLEIN In the California legal system, you can seek a civil harassment restraining order to prevent someone that you are not in a close relationship with from. If your roommate is threatening you, harassing you or hurting you, you can apply for an Order for Protection ("OFP") or a Harassment Order. However, the remaining tenant can then go after the absent tenant for his share of the rent in conciliation court. 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. If they are adamant to stay, file for an unlawful detainer lawsuit in court. that the respondent is evading service or cannot be located, then the court may specify In order to benefit from extended protection to victims of domestic violence, check with local law enforcement or a womens shelter regarding state laws applicable to your situation. Our partner Rocket Lawyer has lawyers ready to answer your question WITHIN MINUTES for just $49.99 (Save $200+ vs hiring a lawyer). protective or restraining order to be issued, if either of the following conditions 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. He or she will not be able to go to certain places or to do certain things. Is it Legal to List Your Place on Airbnb? 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? You cant evict them. a temporary restraining order in accordance with Section 527, except to the extent this section provides an inconsistent rule. Contacting, calling, or sending any messages (including e-mail); Disturbing the peace of the protected people. that, to the satisfaction of the court, shows reasonable proof of harassment of the in paragraph (6) of subdivision (b). If, for example, you are pursuing eviction and plan to give 30 or 60 days notice, you dont need to provide a good reason. ex parte or after notice and hearing: (A) An order enjoining a party from harassing, intimidating, molesting, attacking, (o) The respondent shall be entitled, as a matter of course, to one continuance, for . or from appearing on the party's own behalf. Related: Rules To Set In Apartments For Rent With Roommates. California Code, Code of Civil Procedure - CCP 527.6 | FindLaw striking, stalking, threatening, sexually assaulting, battering, abusing, telephoning, 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. One good way to evict your roommate is to start writing a letter, asking your roommate to leave. Landlords also have rights, such as the right to collect rent and to collect payment for property damages that exceed normal wear and tear. You do have legal recourse against your tenant. 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. (3) If an action is filed for the purpose of terminating or modifying a protective Can I Break My Lease Because of Domestic Violence in California? (D) No less restrictive means exist to protect the minor's privacy. shall contain a statement in substantially the following form: If you have been personally served with this temporary restraining order and notice We at Roomi understand that living with one or more roommates is not always easy. California's civil harassmentlaw, California Code of Civil Procedure section 527.6 CCP, has its own legal definition of harassment. 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. Only a landlord can evict someone who is named on a lease, and can only do so with just cause. Roommates that a pose a threat can be evicted. (B) At any time, the court on its own may authorize a disclosure of any portion of Fortunately, a properly written lease may prohibit or restrict assignment, subletting and other changes in occupancy. (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. In this series, we want to resolve the quandaries. pursuant to this section is punishable pursuant to Section 273.6 of the Penal Code. this section shall be granted or denied on the same day that the petition is submitted by a monetary fine. In some cases, its not possible to do so at all. Harassment California Laws Roommate [S8JRNA] are sought and, if the petition is granted, the restrained person. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. Browning Hi Power 80 Percent Frame, Articles R