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. It may affect his or her ability to see his or her children. 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. Restraining Orders. That's true even if you have a separate sublease agreement with your roommate, who's subletting from you. 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. Sharing a home with others can definitely be a lot of fun, but also, not. the petitioner. Just moved into an apartment with 2 roommates and I have a cat under our rental agreement. It is also civil harassment if the abuse is from a family member that is not included in the list under domestic violence. Roommates that a pose a threat can be evicted. The temporary restraining order may include any of the restraining orders described She made up lies about my other roommate and her boyfriend and about her family and spread them and always told me these things. 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. (t) Willful disobedience of a temporary restraining order or order after hearing granted If your roommate is threatening you, harassing you or hurting you, you can apply for an Order for Protection (OFP) or a Harassment Order. 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. 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. I realize that one or both of the parties who sign the lease are responsible for paying the landlord. The stakes are particularly high and the subject matter more complex in rent controlled jurisdictions. or termination of the order, and any subsequent proof of service, by the close of The law is part of an incremental increase of the minimum wage, which is scheduled to reach $15 in 2023 These laws may protect you if you've been a victim of sexual harassment We provide representation in California State and Federal Courts "This court concluded that appeals from expired civil harassment prevention orders issued pursuant to G . 3 Steps to Evict a Roommate Not on the Lease, Rent rooms and find roommates in our verified community. We have lived in the house since June 2013, and our lease doesnt end until June 2015. But if it doesnt specify, generally in California ahouseguest becomes a tenant after 30 days. 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. party during the proceedings if the person who alleges the person is a victim of violence the business day on which the order, reissuance, extension, modification, or termination 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. Both co-tenants directly and individually pay rent to the landlord. In this series, we want to resolve the quandaries. In this situation, your best option is to let the landlord know what the problem is. to subdivision (b) of Section 1005, of the proceeding by personal service or, if the sanctioned for disclosure of the confidential information. Do I have any legal recourse against the other tenant under the terms of the lease? best interest. 0 found this answer helpful | 1 lawyer agrees. Which means, again, the landlord would need to handle the eviction. It is up to you to prove that you followed the correct steps for serving notice. order or protective order issued at the hearing may be served on the respondent by or otherwise, or coming within a specified distance of, or disturbing the peace of, the confidential information to certain individuals or entities as necessary to prevent Domestic violence victims may circumvent regular relocation requirements if they have otherwise complied with other Section 8 requirements, have moved in order to protect someone who is or has been a domestic violence victim, and reasonably believed that they were imminently threatened by harm from further violence. For example, Sally is responsible for making the entire rent payment not just her half if Joe, her roommate, doesnt pay his share. If the roommate harassment in question constitutes violence, heres what you can do. She specializes in family law and estate law and has mediated family custody issues. Can I Evict A Roommate During COVID In NYC? If you are evicting your roommate in a situation that requires just cause, the notice must also include the reason for the eviction notice. This may include how you will resolve any problems that come up, and knowing your legal rights as a roommate. agency authorized by the Department of Justice to enter orders into the California 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. 7 Easy Ways to Make or Save Money by Exercising Your Legal Rights. 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. Only a landlord has that legal right. Also be sure to read our full Guide to Tenants Rights. A co-tenant arrangement occurs when all roommates have a contractual relationship with the landlord. Remember that eviction can never be performed for a reason that is retaliatory or discriminatory. available to the court. I believe Im living in a hostile environment. these acts. of conduct.. A minor who has alleged harassment, as defined in subdivision (b), shall not be 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. (C) The order to keep the information confidential is narrowly tailored. in feeling more confident that they will not be injured or threatened by the other Find more information . (n) A notice of hearing under this section shall notify the respondent that if the Kelly Klein is a Minneapolis attorney. regarding the minor that was obtained in connection with a request for a protective However, if youre aiming to evict someone within a shorter time frame, then you need to be able to justify your position. 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. And in either case, a roommates rights depend heavily on state laws, which can vary. good cause, specify another method for service of process that is reasonably designed order or order after hearing issued under this section may include other named family Judicial Council and that have been approved by the Department of Justice pursuant Copyright 2023, Thomson Reuters. This is a guide to the basics of the rules for roommates and houseguests in a rental unit. A person who makes a disclosure pursuant to this clause is subject to the sanction 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. This is an ideal claim for Small Claims court. to the Department of Justice in accordance with either paragraph (2) or (3). (B) With the approval of the Department of Justice, entering the order or proof of Usually, its a judge-only trial. petitioner and to any additional law enforcement agencies within the court's discretion 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. So, a landlord cannot refuse to rent (or terminate) solely because the person is a victim of domestic violence. Landlords also have rights, such as the right to collect rent and to collect payment for property damages that exceed normal wear and tear. 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. Stay up-to-date with how the law affects your life. It can be complicated so be sure to speak to a lawyer for your situation. If your roommate has lived in the unit with you for over a year, you must provide at least sixty days notice. or threatened violence against the petitioner, stalked the petitioner, or acted or Of course, cotenants may choose to kick out another roommate, but this is most often an informal process rather than a legal one. The employee has suffered unlawful violence (like assault, battery or stalking) or a credible threat of violence; The unlawful violence or the threat of violence can reasonably be construed to be carried out or to have been carried out at the workplace; The conduct is not allowable as part of a legitimate labor dispute; and. He or she might have to move out of his or her home. The California roommate agreement ("room rental agreement") is a binding contract that co-tenants in a shared residential situation must sign. (2) The court may order the information specified in paragraph (1) be kept confidential The notice must specify how many days the tenant has until you will terminate the tenancy. With our ever-increasing lists of rooms and roommates across the world, Roomi can help find your perfect new roommate. The safest option would be for you to stop staying at your shared place from the time that you deliver a letter of notice until your roommate moves out. is filed. 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. (j)(1) In the discretion of the court, an order issued after notice and hearing under How Do I Evict Someone When There Is No Lease? or credible threats of violence, a support person may accompany a party in court and, (q)(1) If a respondent named in a restraining order issued after a hearing has not This might be the case if a subtenant fails to pay rent. A request for renewal may be brought any time within the three months before the respondent and may prescribe the manner in which proof of service shall be made. obtaining a court order to authorize the disclosure of the information. Search: Roommate Harassment Laws California. Again, the landlord has most of the rights in the situation. 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. (c) In the discretion of the court, on a showing of good cause, a temporary restraining Among those reasons, abuse is paramount. that could last up to five years. Behavior like harassing, stalking, threatening, or hitting someone, disturbing someones peace, or destroying someones personal property). In San Francisco, landlords are prohibited . Copyright 2023 Leaf Group Ltd. / Leaf Group Media, All Rights Reserved. (6) Upon receiving information at the scene of an incident of harassment that a protective What if you could get a perfect roommate so that you dont even need to think of eviction? themselves of the services described in this subdivision. to the court. You may have many reasons to sue your roommate; however, whether or not you can depends on the state in which you live. 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. striking, stalking, threatening, sexually assaulting, battering, abusing, telephoning, order of the court either on written stipulation filed with the court or on the motion Subletting means that one tenant has a contractual arrangement with the landlord, hence the primary tenant is referred to as the Master tenant. or termination of the order, and any subsequent proof of service, by either one of 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. The subtenant has no specific responsibilities to the original tenant's landlord. (h) The respondent may file a response that explains, excuses, justifies, or denies He or she will not be able to go to certain places or to do certain things. make an independent inquiry. Tenants may also be evicted for materially damaging the rental property, bringing down the property's value or using the rental property for unlawful purposes. this section may have a duration of no more than five years, subject to termination 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? connection with an animal owned, possessed, leased, kept, or held by the petitioner, court costs and attorney's fees, if any. NOTE: We do not give legal advice, only general legal info. . 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. order before the expiration date specified in the order by a party other than the | https://codes.findlaw.com/ca/code-of-civil-procedure/ccp-sect-527-6/. of the order from the court, additional proof of service is not required for enforcement It all comes down to your unique situation and what your roommate may have done. Your landlord may not know there is a dog living in the house, or may have approved your roommates request to have a dog in the house. 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. and a restraining order that is the same as this temporary restraining order except What Happens If One Roommate Breaks The Lease? The matter can escalate beyond small claims court if a roommate dispute centers around everyone being evicted because of the actions of just one of them. (p)(1) Either party may request a continuance of the hearing, which the court shall We at Roomi understand that living with one or more roommates is not always easy. From your description of the behavior, it sounds like your roommate is harassing you. (z)(1) Subject to paragraph (4) of subdivision (b) of Section 6103.2 of the Government Code, there shall not be a fee for the service of process by a sheriff or marshal of a (3) The Judicial Council form for temporary orders issued pursuant to this subdivision Service shall be made at least five days before the hearing. (u)(1) A person subject to a protective order issued pursuant to this section shall You need to contact your landlord, apprise him or her of your living situation and request to terminate your lease early. (2) The court shall order a person subject to a protective order issued pursuant to or threats of violence, in an action brought pursuant to this section. The request may be made in writing before or at the hearing, or orally at the hearing. Even with a clear written roommate agreement, disputes might arise. The difference is that the harassment happens primarily at work AND it is the employer of the harassed employee who asks for protection for the employee (and, if necessary, for the employees family). If the court imposes a sanction, the court shall first determine whether the person 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. harassment, as defined under subdivision (b), including implementation of the protective (v), the notice shall identify the information, specifically, that has been made confidential In a variety of situations, California law gives a roommate the legal right to break a lease before the lease agreement reaches its end date. 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. Do not rely on advice in this column for legal opinions. 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. otherwise disposing of the animal. Consequences can wait. An OFP doesnt require an attorney and does not cost money to file. This document details the financial responsibilities of each tenant, as well as informing them about the terms, conditions, and rules associated with shared space. CRS 18-9-111 is the Colorado statute that defines criminal harassment as intentionally bothering, annoying, or alarming someone by way of repeated contact, obscene gestures, hitting, taunting, or following in public. However, your landlord cant evict anyone without a just cause, such as causing damage or refusing to pay rent. These situations can get complicated because you are still living with this person, so you may want to see if you two can negotiate a solution to your problem. (B) Confidential information may be disclosed without a court order only in the following a temporary restraining order and an order after hearing prohibiting harassment as In similar fashion, a tenant might assign his or her lease to a new tenant or occupant, which then begins the game of musical chairs and creates a quagmire where the rental property owner does not know who is living in their units. The protected party may waive the protected party's right to notice if the protected Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs. I moved back home with my family because I don't feel safe living in the apartment. In the latter scenario, the two parties present their cases to the court and a judge issues a final ruling on the matter. unlawful violence or a credible threat of violence. In that case, you will have to accept the rent payment and evict for another reason later on. 21 days, or, if good cause appears to the court, 25 days, from the date that the petition or modification by further order of the court either on written stipulation filed existence of the order. (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 some states, landlords cannot include clauses that provide for termination, should a tenant call the police in the face of domestic violence, nor can landlords make tenants pay for the cost of such calls. First, get out or immediately start making arrangements to leave. Civil Harassment Restraining Order. He may evict them anyways for the party if that is a material breach of the lease or if they are damaging property. or residing in the residence or household of the petitioner, the court may do either The person the restraining order is against is the "restrained . If your roommate has any issues with the eviction, they may try to discuss it with you.