with a copy of the petition, temporary restraining order, if any, and notice of hearing Roommates rights can be limited when their behavior gets seriously out of line. Constitutionally protected activity is not included within the meaning of course 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. law enforcement officer who is present at the scene of reported harassment involving A roommate of mine was spreading rumors about me and another of our roommates. Written notice must always state that the tenant has a certain number of days until the tenancy will be terminated. Behavior like harassing, stalking, threatening, or hitting someone, disturbing someones peace, or destroying someones personal property). Before you can start a court case to make your roommate leave, you may need to give (serve) your roommate a Notice of Termination. Speak up if youre upset by something your roommate (or a roommates guest or pet) did or didnt do, said, or didnt say. to the court. 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. She specializes in family law and estate law and has mediated family custody issues. This is an ideal claim for Small Claims court. Even when your roommate's name is not on the lease, California law treats them as if they were a month-to-month tenant. Nonetheless, the court will set a trial date within 20 days from when you get the notification. The course of conduct must be that which would cause a reasonable person to suffer 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. order. 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. obtaining a court order to authorize the disclosure of the information. order or order after hearing issued under this section may include other named family In some cases, its not possible to do so at all. 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. With our ever-increasing lists of rooms and roommates across the world, we help you find your perfect match! or modification by further order of the court either on written stipulation filed At the same time, she was doing the exact same thing talking about me to our other roommate and friends. Well, there can be a wide range of things that can be considered roommate harassment. The subtenant has no specific responsibilities to the original tenant's landlord. My Roommate Is Really Creepy! Remember that eviction can never be performed for a reason that is retaliatory or discriminatory. It even protects you if you're being abused by someone you're dating . notice. The petitioner shall provide the officer with an endorsed copy of the order and 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. (a)(1) A person who has suffered harassment as defined in subdivision (b) may seek (6) Temporary restraining order and order after hearing mean orders that include any of the following restraining orders, whether issued available to the court. He or she will not be able to go to certain places or to do certain things. 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. Search California Codes. Landlords also have rights, such as the right to collect rent and to collect payment for property damages that exceed normal wear and tear. If you choose to use this method, collect as much evidence and documentation of the behavior as you can to present to the court. According to Minnesota law, the landlord promises to keep your rental place and all common areas fit for the use intended by the parties. Read More: Rental Agreements in California: Key Terms to Look For. In granting a continuance, the court may modify or terminate a temporary restraining 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. (B) With the approval of the Department of Justice, entering the order or proof of One co-tenant cannot evict another co-tenant, no matter how despicable the behavior. 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. the parties to the proceeding. . This is a cardinal sin we see all too often at Bornstein Law. of requesting or opposing a request for a temporary restraining order or order after Even if this much precaution is not possible, try to line up at least two different places where you can stay if you feel uncomfortable at home. (t) Willful disobedience of a temporary restraining order or order after hearing granted 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. 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. 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. But when things go wrong, it can feel like hell. this section may have a duration of no more than five years, subject to termination order based on the temporary restraining order, but the respondent does not appear Answers: (7) If the law enforcement officer determines that a protective order has been issued The California roommate agreement ("room rental agreement") is a binding contract that co-tenants in a shared residential situation must sign. Related: Why Should I Sign a Roommate Agreement? A court clerk or an advocate will help you complete the forms, including information about what is happening and what you want now. subdivision (q). 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. In general, you cannot just physically remove your roommate (that could be considered assault or battery), and you cant just change the locks. good cause, specify another method for service of process that is reasonably designed who alleges they are a victim of violence. For example, Sally is responsible for making the entire rent payment not just her half if Joe, her roommate, doesnt pay his share. to afford actual notice to the protected party. The support person is not present as a legal adviser and may not provide legal advice. What Happens If One Roommate Breaks The Lease? Sharing a home with others can definitely be a lot of fun, but also, not. A subtenant is impotent and cannot evict anyone, while a landlord can evict all tenants from the premises, with caveats. 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. In this series, we want to resolve the quandaries. 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. (B) The protective or restraining order issued pursuant to this section is based upon for the purpose of enforcing the order. 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. The burden of proof is on you, so all of the documentation you have collected come into play here. Just as the tenant has rights, so does the landlord, even in roommate situations. Verbal notice shall include the information required pursuant to paragraph (4) of Roommate Harassment, Laws & Everything You Can Do About It. Civil harassment restraining order (can be used for protection from neighbors, roommates, coworkers, or more distant family members like cousins, uncle or aunt, etc.). The violence or threats seriously scare, annoy, or harass someone and there is no valid reason for it. You dont want to find yourself on the wrong side of the law, even though youre in the right. Even if theyre guilty of roommate harassment, the best you can do is report them to the landlord. has been unable to accomplish personal service, and that there is reason to believe 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 But your issue may be more complicated. But if it doesnt specify, generally in California ahouseguest becomes a tenant after 30 days. A fee shall not be paid for filing a response to a petition alleging these acts. Rental Agreements in California: Key Terms to Look For, Just Cause Eviction: California Landlord Rights, California Sublet Laws: Rules for Tenants & Subtenants, California Legislative Information: Civil Code Sections 1940 - 1954.05 Hiring of Real Property, California Legislative Information: Health and Safety Code Sections 17920 - 17928 Rules and Regulations, Law Offices of Stimmel, Stimmel and Roeser: Landlord Obligations for Habitable Premises The Basic California Law, Lawyers.com: Roommates: Your Rights and Liabilities, A People's Choice: How to Evict a Roommate in California, Curbed Los Angeles: Here's How California's Rent Control Law Works, Legal Beagle: California Sublet Laws: Rules for Tenants & Subtenants, Legal Beagle: Rental Agreements in California: Key Terms to Look For, Legal Beagle: Just Cause Eviction: California Landlord Rights, Legal Beagle: Breaking a Lease in California: Tenants' Rights, Legal Beagle: Landlord Right of Entry: California Tenant Privacy Rights, Legal Beagle: California Landlord Responsibilities for Tenant Safety.