What to Do If a Roommate Breaks the Lease: California Tenant Law 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. If the subtenant refuses to comply and remains in the rental unit, the tenant may file for an unlawful detainer lawsuit against them. to law enforcement personnel all information required under subdivision (b) of Section 6380 of the Family Code regarding any order issued under this section, or a reissuance, extension, modification, Roommates and Houseguests | Law Soup Cal in paragraph (6) of subdivision (b). Is it Legal to List Your Place on Airbnb? Even when your roommate's name is not on the lease, California law treats them as if they were a month-to-month tenant. Yes, you can legally break your lease if you're experiencing domestic violence. Just as the tenant has rights, so does the landlord, even in roommate situations. It encompasses the transfer of rights held by one party the assignor to another party the assignee. Physically hurting or trying to hurt someone intentionally or recklessly; Making someone reasonably afraid that he or she or someone else is about to be seriously hurt (like threats or promises to harm someone); OR. 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 Any eviction process must begin with a written notice according to the tenancy law in California. 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. Just moved into an apartment with 2 roommates and I have a cat under our rental agreement. What canI do if my roommate is harassing me and I feel I have no way of As well as all the legal rights you have living with roommates! on the respondent, whether or not the respondent has been taken into custody, by any Theyve each individually entered into a legal rental agreement or lease with the landlord. respondent and may prescribe the manner in which proof of service shall be made. 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. ammunition while the protective order is in effect. (h) The respondent may file a response that explains, excuses, justifies, or denies Usually, a victim of domestic violence can end a lease with notice (often 30 days). Even if theyre guilty of roommate harassment, the best you can do is report them to the landlord. However, the remaining tenant can then go after the absent tenant for his share of the rent in conciliation court. party is physically present in court and does not challenge the sufficiency of the are sought and, if the petition is granted, the restrained person. If a tenant is part of any of the U.S. uniformed services, which include the armed forces, activated National Guard, commissioned corps of the National Oceanic and Atmospheric Administration, or the Public Health Service, the servicemember may terminate her tenancy if she is called to enter active military service. 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 on the lease agreement with you, then they only answer to your landlord. issued by a court pursuant to this section shall be issued on forms adopted by the There are four different methods of service allowed by law when you are beginning the eviction process against your tenant. 21 days, or, if good cause appears to the court, 25 days, from the date that the petition 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. to civil harassment issued by a court pursuant to this section shall be transmitted Only a landlord has that legal right. 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. this section may have a duration of no more than five years, subject to termination The burden of proof is on you, so all of the documentation you have collected come into play here. Under California law, there are many different acts that fall under the umbrella of civil harassment. Closely related (like parent, child, brother, sister, grandmother, grandfather, in-law). 3 Steps to Evict a Roommate Not on the Lease. The petitioner shall provide the officer with an endorsed copy of the order and If youre evicting your roommate for a just cause and they rectify their behavior, they can stay. The court could then order your roommate to stay away from your rental house. making harassing telephone calls to an individual, or sending harassing correspondence (C) The order to keep the information confidential is narrowly tailored. shall be granted or denied on the next day of judicial business in sufficient time in feeling more confident that they will not be injured or threatened by the other of the petition and afforded an opportunity to object to the disclosure. Both co-tenants directly and individually pay rent to 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. In some cases, its not possible to do so at all. (2) A minor, under 12 years of age, accompanied by a duly appointed and acting guardian ad litem, shall be permitted to appear . If the employee wants to protect him or herself, he or she can ask for a civil harassment restraining order (or a domestic violence restraining order if the abuser is a partner/spouse or former partner/spouse or close family member). law enforcement officer who is present at the scene of reported harassment involving Perhaps if you reason with your roommate that its not working out (or beg them to leave), they may leave quietly and that could be the end of it. Can I file a harassment charge against a roommate? - Avvo Roommate Harassment, Laws & Everything You Can Do About It. Essentially, the landlord makes a contract with all of the roommates. best interest. 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. 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. 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 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). Unlawful violence, like assault or battery or stalking, OR. If your roommate has lived in the unit with you for over a year, you must provide at least sixty days notice. respondent does not attend the hearing, the court may make orders against the respondent Renting and the Law: Housemate has become hostile. Can renter get out or threatened violence against the petitioner, stalked the petitioner, or acted or Is it Legal to List Your Place on Airbnb? Participation in this column does not create an attorney/client relationship with Klein. a temporary restraining order in accordance with Section 527, except to the extent this section provides an inconsistent rule. this section to relinquish any firearms the person owns or possesses pursuant to Section 527.9. (d) Upon filing a petition for orders under this section, the petitioner may obtain You may have many reasons to sue your roommate; however, whether or not you can depends on the state in which you live. (a) A landlord shall not with intent to terminate the occupancy under any lease or other tenancy or estate at the person, and that serves no legitimate purpose. The law mandates that eviction shouldnt be a way to retaliate or discriminate against an individual. So landlords can evict roommates, but roommates beholden to the same lease can't evict each other. It is also civil harassment if the abuse is from a family member that is not included in the list under domestic violence. at the court's discretion, for a period not to exceed 21 days, or, if the court extends Is your roommate the only one on the lease? (B) Confidential information may be disclosed without a court order only in the following 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. Co-tenants, sometimes referred to as joint tenants, are equal partners. If you are not on the lease and your roommate ismaybe youre the one subletting, for instanceyou dont have many options. 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. 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. Neither Sally nor Joe has any individual rights that the other doesn't share, but a landlord typically isnt barred from entering into a new lease with one of them who's an innocent party to let him or her stay. Civil harassment has a specific definition in the law, and while his can vary a bit from place to place, here's the generality for Californ California Court Services Status Due to COVID-19 This handbook is designed for all participants, those taking, defending or facing a deposition The law only allows the victim of domestic abuse or sexual assault . 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. 3 Steps to Evict a Roommate Not on the Lease, Rent rooms and find roommates in our verified community. more of the story, More Minnesota homes are getting a glow-up with customizable exterior lights, U professor leaves loft near downtown Minneapolis to remake 'gorgeous' 1905 home, At home with Edina couple who landed new HGTV show. spoken in any other manner that has placed the petitioner in reasonable fear of violence, Each roommate is jointly and severally liable for paying the rent, and this term is often specifically cited in leases. Bottom line, its complicated and really depends on your particular situation, so you may want to get some legal help. 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. Among those reasons, abuse is paramount. (5) An order issued under this section shall, on request of the petitioner, be served A conviction can be a petty offense or a misdemeanor.. and to find out the duration of that order, contact the clerk of the court.. 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. Again, the landlord has most of the rights in the situation. The support person may assist the person who alleges they are a victim of violence Usually, its a judge-only trial. If the landlord does not get paid, he will likely evict. Sign up for our mailing list to stay up to date on the laws YOU need to know. 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. Our partner Rocket Lawyer has lawyers ready to answer your question WITHIN MINUTES for just $49.99 (Save $200+ vs hiring a lawyer). necessary to effectuate orders described in subparagraph (A). Restraining Orders. Find domestic violence counselors and resources in your county. In that case, you will have to accept the rent payment and evict for another reason later on. 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. 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. And in either case, a roommates rights depend heavily on state laws, which can vary. From your description of the behavior, it sounds like your roommate is harassing you. ex parte or after notice and hearing: (A) An order enjoining a party from harassing, intimidating, molesting, attacking, The protected party may waive the protected party's right to notice if the protected A legal guardian or a protected party who makes a disclosure under this clause is Findmore information about Workplace Violence. Those can include the employee's race, disability, religion, sex, gender identity, marital status, sexual orientation, or pregnancy, among other reasons. 1 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. with the court or on the motion of a party. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. While this is a costly and messy process no one wants to go through, the only way to have complete rights to stay is if you are the one whose name is on the lease. 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. (2) The court shall order the petitioner or the attorney for the petitioner to deliver short, evidencing a continuity of purpose, including following or stalking an individual, They earn access to the same rights as a person named on your lease, making eviction less likely. (4) Each appropriate law enforcement agency shall make available information as to (m)(1) Except as provided in paragraph (2), upon the filing of a petition under this section, the respondent shall be personally served Sally would have two choices if Joe's behavior deteriorated to the point where it became intolerable. 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. been served personally with the order but has received actual notice of the existence (f) A temporary restraining order issued under this section shall remain in effect, pursuant to Section 29825 of the Penal Code. 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. Third, should another incident take place before you can leave, call the police. Please do! If the judge rules in your favor, the sheriff will give your roommate notice that they have five days to move out. In addition to the smelly new dog in the house, my roommate disrespects me every day by the way he talks to me. stalking, as prohibited by Section 646.9 of the Penal Code. or otherwise, or coming within a specified distance of, or disturbing the peace of, 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 When confronted, she denied . (ii) The respondent to allow the respondent to comply with the order for confidentiality What is the legal definition of "harassment" California? - Shouse Law Group 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.