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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. Q: I am currently in a lease agreement with another party who shares equal responsibility for the rent. If your roommate has any issues with the eviction, they may try to discuss it with you. Treatment that has physically or mentally hurt you. Speak up if youre upset by something your roommate (or a roommates guest or pet) did or didnt do, said, or didnt say. (e) A request for the issuance of a temporary restraining order without notice under If you are pursuing eviction with thirty or sixty days notice, you typically don't need to provide just cause. The master tenant retains all rights and obligations under the master lease, which includes, naturally, paying rent to the landlord. 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. Roommate Harassment Laws Roommates' rights can be limited when their behavior gets seriously out of line. 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. Once in motion, your roommate may choose to respond to the court in an attempt to fight the eviction. Roommates as Co-Tenants A co-tenant arrangement occurs when all roommates have a contractual relationship with the landlord. If the agreement doesnt discuss this issue, the general rule in California is that you are allowed to have a person stay at your apartment as long as the person doesnt violate any of the terms of the lease. Remember: Any agreements should be written down and signed by both parties. The request may be made in writing before or at the hearing, or orally at the hearing. S., Minneapolis, MN 55488. with a duration of three years from the date of issuance. For example, Sally is responsible for making the entire rent payment not just her half if Joe, her roommate, doesnt pay his share. by a monetary fine. Current as of January 01, 2019 | Updated by FindLaw Staff. A co-tenant arrangement occurs when all roommates have a contractual relationship with the landlord. The original tenant would have the right to sue in small claims court, but the odds of success decrease dramatically if no written agreement is in place between them. 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. On legal matters, the lease agreement remains the definitive legal document for tenant/landlord relationships. You can get an OFP to stop harassment or abuse by anyone you live with, not just relatives or spouses. And in either case, a roommates rights depend heavily on state laws, which can vary. the petitioner. 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. 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. subject to the sanction in subparagraph (A) only if the disclosure was malicious. 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). in subparagraph (A) if the person discloses the information in a manner that recklessly issued on forms adopted by the Judicial Council and approved by the Department of (6) Temporary restraining order and order after hearing mean orders that include any of the following restraining orders, whether issued existence of the order. If the roommate harassment in question constitutes violence, heres what you can do. It is necessary to complete a room . to subdivision (b) of Section 1005, of the proceeding by personal service or, if the of requesting or opposing a request for a temporary restraining order or order after Of course, you still have to follow due process as your landlord would. connection with an animal owned, possessed, leased, kept, or held by the petitioner, 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. This is an ideal claim for Small Claims court. private mails, interoffice mail, facsimile, or email. You cant evict them. 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. and the other party are required to be present in close proximity. In this series, we want to resolve the quandaries. In California, whether or not you can evict your roommate is situational. of conduct.. If youre evicting your roommate for a just cause and they rectify their behavior, they can stay. not own, possess, purchase, receive, or attempt to purchase or receive a firearm or However, if youre aiming to evict someone within a shorter time frame, then you need to be able to justify your position. Beverly Bird is a practicing paralegal who has been writing professionally on legal subjects for over 30 years. has been unable to accomplish personal service, and that there is reason to believe It encompasses the transfer of rights held by one party the assignor to another party the assignee. 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). A roommate of mine was spreading rumors about me and another of our roommates. 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. But you are still responsible for the entire rent. A notice shall be provided to the respondent that identifies the specific information Read about the law in Code of Civil Procedure section 527.6. Consequences can wait. The California roommate agreement ("room rental agreement") is a binding contract that co-tenants in a shared residential situation must sign. 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. 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. The civil harassment laws say "harassment" is: Unlawful violence, like assault or battery or stalking, OR A credible threat of violence, AND The violence or threats seriously scare, annoy, or harass someone and there is no valid reason for it. of a party. 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. 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. (v), the notice shall identify the information, specifically, that has been made confidential or receive, a firearm or ammunition while the protective order is in effect is punishable and to allow the respondent to comply with and respond to the protective order. He may evict them anyways for the party if that is a material breach of the lease or if they are damaging property. 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. (6) Upon receiving information at the scene of an incident of harassment that a protective Then, the law says what type of protection someone can ask for and what he or she has to prove to get it. unlawful violence or a credible threat of violence. 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). There are four different methods of service allowed by law when you are beginning the eviction process against your tenant. 0 comments. A fee shall not be paid for filing a response to a petition alleging these acts. (C) The court may authorize a disclosure of any portion of the confidential information If the dog is not an authorized pet on the lease, your landlord can evict your roommate for violating the lease. It all comes down to your unique situation and what your roommate may have done. 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. Otherwise, the original tenant would be loosely considered to be the new tenants landlord. 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. (x)(1) The Judicial Council shall develop forms, instructions, and rules relating party during the proceedings if the person who alleges the person is a victim of violence In granting a continuance, the court may modify or terminate a temporary restraining 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. Generally speaking, yes, you can sue your roommate if they break the lease. to the Department of Justice in accordance with either paragraph (2) or (3). If the judge finds by clear and convincing evidence that unlawful harassment exists, (3) If an action is filed for the purpose of terminating or modifying a protective Threatening your roommate will only hurt in this case as you will be the one in legal trouble as a result of that. There may be another solution to your problem. order, or if it is in the best interest of the minor. Kelly Klein is a Minneapolis attorney. The next step one must take is to file an eviction lawsuit with the New York City housing court in order to start an official eviction proceeding. the temporary restraining order, except for the duration of the order, the restraining 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. The only exception is if they pay rent to the landlord directly even though they're not on the leasein this scenario, they are considered your co-tenant. He or she will generally not be able to own a gun. If you choose to evict a roommate without sticking to the roommates law in California, your case may get thrown out of court. this section may have a duration of no more than five years, subject to termination shorten the time for service on the respondent. A restraining order (also called a protective order) is a court order that can protect someone from being physically or sexually abused, threatened, stalked, or harassed. 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. (such as a friend or roommate), or are secondarily related to (such as a cousin, aunt/uncle . It's a good idea to file a police report to have evidence of the behavior if the eviction goes to court. But your issue may be more complicated. How Do I Evict Someone When There Is No Lease? (ii) By a person to whom confidential information is disclosed, provided that the First, get out or immediately start making arrangements to leave. You are between 18 and 64 and have certain mental or physical disabilities that keep you from being able to do normal activities or protect yourself; Treatment that has physically or mentally hurt you, or. law enforcement officer who is present at the scene of reported harassment involving provided that the disclosure is necessary to prevent harassment or is in the minor's 21 days, or, if good cause appears to the court, 25 days, from the date that the petition as a contempt of court. The temporary restraining order may include any of the restraining orders described Please do! If you choose to use this method, collect as much evidence and documentation of the behavior as you can to present to the court. This may include how you will resolve any problems that come up, and knowing your legal rights as a roommate. (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 But also, roommate harassment issues are very real. at the court's discretion, for a period not to exceed 21 days, or, if the court extends (4) Each appropriate law enforcement agency shall make available information as to Under California law, courts can make orders to protect an employee from suffering unlawful violence or credible threats of violence at the workplace. 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 court may also grant a continuance on its own motion. If a request for a temporary order is not made, the hearing shall be held within A roommates recourse when things head south often depends on the type of roommate the individual is, a co-tenant or a subtenant. In general, civil harassment is abuse, threats of abuse, stalking, sexual assault, or serious harassment by someone you have not dated and do NOT have a close family relationship with, like a neighbor, a roommate, or a friend (that you have never dated). Except as provided in subparagraph (B), if the court determines that disclosure (2) The court may order the information specified in paragraph (1) be kept confidential has or is reasonably likely to have the ability to pay. The person accused is not engaged in constitutionally protected activity. of conduct directed at a specific person that seriously alarms, annoys, or harasses the person, and that serves no legitimate purpose. best interest. (b) For purposes of this section, the following terms have the following meanings: (1) Course of conduct is a pattern of conduct composed of a series of acts over a period of time, however (7) If the law enforcement officer determines that a protective order has been issued Once you start thinking about getting a replacement (and screening them so that this never happens again) we can takeover. or from appearing on the party's own behalf. order expires. The court could then order your roommate to stay away from your rental house. The course of conduct must be that which would cause a reasonable person to suffer Unlawful violence, like assault or battery or stalking, OR. motion to modify or terminate the order without prejudice or continue the hearing to subdivision (i) of Section 6380 of the Family Code. If they do not leave, they are trespassing, and you can call the police to have them removed. At the same time, she was doing the exact same thing talking about me to our other roommate and friends. Unfortunately its not an easy answer. Sally would have two choices if Joes behavior deteriorated to the point where it became intolerable. Read More: How to Get Off a Joint Lease. Find more information about Civil Harassment. Under a sublet, one tenant, who is bound by the landlord's lease agreement, makes a contract with a subtenant under terms laid out in a separate contract. My Roommate Is Really Creepy! If you do have a good reason to evict a roommate, you have to know how it works. Those can include the employee's race, disability, religion, sex, gender identity, marital status, sexual orientation, or pregnancy, among other reasons. 1 Deprivation by a caregiver of things or services that the elder or dependent adult needs to avoid physical harm or mental suffering. Including a section on dispute resolution in your roommate agreement, perhaps an agreement to try mediation on specific issues might help.