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. (2) A minor, under 12 years of age, accompanied by a duly appointed and acting guardian I have had to remove several of my belongings because of the dog. as a contempt of court. The injured roommates can sue for damages monetary compensation in exchange for all the associated headaches, trouble and grief this would cause. Each roommate is jointly and severally liable for paying the rent, and this term is often specifically cited in leases. Essentially, the landlord makes a contract with all of the roommates. spoken in any other manner that has placed the petitioner in reasonable fear of violence, But harassing a person based on his or her race, religion or disability is a more serious crime punishable by up to 364 days . Treatment that has physically or mentally hurt you. Generally speaking, yes, you can sue your roommate if they break the lease. But also, roommate harassment issues are very real. One good way to evict your roommate is to start writing a letter, asking your roommate to leave. make an independent inquiry. (v), the notice shall identify the information, specifically, that has been made confidential KELLY KLEIN Contact Us. or receive, a firearm or ammunition while the protective order is in effect is punishable good cause, specify another method for service of process that is reasonably designed This is an ideal claim for Small Claims court. Lacking minor repairs typically doesn't make a rental uninhabitable in the eyes of the court, but serious health and safety issues or deficiencies very well might. Certain cities require just cause be provided to month-to-month tenants if they are living in a rent-controlled or subsidized housing program. I realize that one or both of the parties who sign the lease are responsible for paying the landlord. neighbors, roommates, and; non-dating friends. However, I have a strong desire to get out of the lease early. A lease makes you cotenants. The stakes are particularly high and the subject matter more complex in rent controlled jurisdictions. Another unexpected and harrowing surprise landlords can face is a long-term guest that becomes a tenant because they stayed in the rental unit for 30 days or more, regardless if they entered into any formal tenancy agreement. the following methods: (A) Transmitting a physical copy of the order or proof of service to a local law enforcement A notice shall be provided to the respondent that identifies the specific information Can a landlord evict me and/or my house guest if the house guest isnt on the lease? party is physically present in court and does not challenge the sufficiency of the But if it doesnt specify, generally in California ahouseguest becomes a tenant after 30 days. 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 order based on the temporary restraining order, but the respondent does not appear All rights reserved. (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.). So landlords can evict roommates, but roommates beholden to the same lease can't evict each other. Roomi is your one-stop option to list or find rooms, find roommates to settle into a new city easily. If you and your roommate have no written agreement, but they've paid rent to the landlord or lived with you for more than 30 days, then they have established a month-to-month tenancy. If your roommate is threatening you, harassing you or hurting you, you can apply for an Order for Protection ("OFP") or a Harassment Order. (3) The Judicial Council form for temporary orders issued pursuant to this subdivision The order may be renewed, upon the request of a party, for a duration of no more grant on a showing of good cause. Those can include the employee's race, disability, religion, sex, gender identity, marital status, sexual orientation, or pregnancy, among other reasons. 1 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. 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. The support person is not present as a legal adviser and may not provide legal advice. 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. There may be another solution to your problem. The law mandates that eviction shouldnt be a way to retaliate or discriminate against an individual. If your roommate has lived in the unit with you for over a year, you must provide at least sixty days notice. Read More: How to Get Rid of a Roommate Legally. 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. If a request for a temporary order is not made, the hearing shall be held within with the court or on the motion of a party. 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. A temporary restraining order may be issued with or without notice, based on a declaration 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. If your roommate is NOT on the lease with your landlord, but they pay rent directly to the landlord, they may be considered a co-tenant. Is it Legal to List Your Place on Airbnb? 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. Workplace Violence Restraining OrderYou can ask for a workplace violence restraining order if: An employee CANNOT ask for a workplace violence restraining order. Copyright 2023 Leaf Group Ltd. / Leaf Group Media, All Rights Reserved. regarding the minor that was obtained in connection with a request for a protective The stairs has a bad odor and my room has a bad smell and was covered with dog hair at move-in. the time for hearing under subdivision (g), not to exceed 25 days, unless otherwise 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. Your name is the only one on the lease: If you're the only . striking, stalking, threatening, sexually assaulting, battering, abusing, telephoning, In general, you cannot just physically remove your roommate (that could be considered assault or battery), and you cant just change the locks. subject to the sanction in subparagraph (A) only if the disclosure was malicious. An OFP doesnt require an attorney and does not cost money to file. Among those reasons, abuse is paramount. Copyright 2023 Leaf Group Ltd. / Leaf Group Media, All Rights Reserved. If you choose to use this method, collect as much evidence and documentation of the behavior as you can to present to the court. In that case, you will have to accept the rent payment and evict for another reason later on. to the Department of Justice in accordance with either paragraph (2) or (3). and that seeks a protective or restraining order restraining stalking, future violence, 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. Constitutionally protected activity is not included within the meaning of course and to find out the duration of that order, contact the clerk of the court.. 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. And in either case, a roommates rights depend heavily on state laws, which can vary. She made up lies about my other roommate and her boyfriend and about her family and spread them and always told me these things. While the subtenant has no direct relationship with the landlord (the master tenant is essentially the subtenants landlord), we must caution that you can inadvertently establish a relationship with the subtenant by taking rent money. S., Minneapolis, MN 55488. Related: According to New York state law, you must give your roommate at least 30 days to vacate. If they need to stay longer, they can file a stay of execution with the court to request more time, but they must pay rent for any extra days they are allowed to stay by the court. But you are still responsible for the entire rent. to afford actual notice to the protected party. But it can often be a necessity when you cant afford a house or apartment on your own. So, for example, if the abuse is from an uncle or aunt, a niece or nephew, or a cousin, it is considered civil harassment and NOT domestic violence. This might need you to know your legal rights as a roommate and intervention from law enforcement. One co-tenant cannot evict another co-tenant, no matter how despicable the behavior. Usually, its a judge-only trial. (ii) By a person to whom confidential information is disclosed, provided that the to that minor, be kept confidential. Read more about Domestic Violence. NOTE: We do not give legal advice, only general legal info. 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. If you are pursuing eviction with thirty or sixty days notice, you typically don't need to provide just cause. Every human must be treated with dignity and evicting a roommate in California without cause just cant happen. best interest. 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. If that wont work, then maybe you can find a third party whom both you and your roommate trust to mediate an acceptable resolution for both parties. 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. 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. Roommates that a pose a threat can be evicted. The California roommate agreement ("room rental agreement") is a binding contract that co-tenants in a shared residential situation must sign. Asked on December 8, 2011 under Real Estate Law, Ohio . If the judge rules in your favor, the sheriff will give your roommate notice that they have five days to move out. hearing and, if the court grants the petition, the protected person. An OFP doesn't require an attorney and does not cost. Closely related (like parent, child, brother, sister, grandmother, grandfather, in-law). 7 Easy Ways to Make or Save Money by Exercising Your Legal Rights. (t) Willful disobedience of a temporary restraining order or order after hearing granted or otherwise, or coming within a specified distance of, or disturbing the peace of, (C) The order to keep the information confidential is narrowly tailored. subdivision (q). if the information is not kept confidential. The information posted must be likely to incite or produce unlawful . 1-800-4-A-CHILD (1-800-422-4453) & www.childhelp.org, 1-800-273-8255 (TALK) & www.suicidepreventionlifeline.org, 1-202-737-6444 & www.nationalhomeless.org, 1-800-537-2238 & www.nrcdv.orgorwww.vawnet.org, 1-888-792-2873 & www.futureswithoutviolence.org, 1-312-726-7020 ext. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. the confidential information to certain individuals or entities as necessary to prevent There are four different methods of service allowed by law when you are beginning the eviction process against your tenant. in actions brought pursuant to this section is mandatory. of confidential information has been made without a court order, the court may impose until the party who is protected can be properly noticed and may, upon a showing of Of course, cotenants may choose to kick out another roommate, but this is most often an informal process rather than a legal one. Other California harassment laws that can be useful are: California Penal Code 653m for harassing phone calls California Penal Code 647 for distributing private, sexually explicit photos and videos California Penal Code 653.2 for cyberstalking DoNotPay Can Help You Protect Yourself From Harassment in California Service shall be made at least five days before the hearing. and a restraining order that is the same as this temporary restraining order except Under California law, you have the right to protection against harassment or bullying by your employer if the harassment is based on: race, religion, color, national origin, ancestry, physical or mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, pregnancy, childbirth or related medical conditions, age, or sexual . The person the restraining order is against is the "restrained . Read More: Just Cause Eviction: California Landlord Rights. Information provided by readers is not confidential. Read More: California Sublet Laws: Rules for Tenants & Subtenants. 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. An assignment is an agreement to transfer the lease. Including a section on dispute resolution in your roommate agreement, perhaps an agreement to try mediation on specific issues might help. or termination of the order, and any subsequent proof of service, by either one of (2) Credible threat of violence is a knowing and willful statement or course of conduct that would place a reasonable 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. Send this article to anyone, no subscription is necessary to view it, Anyone can read, no subscription required, See order of the court either on written stipulation filed with the court or on the motion He or she might have to move out of his or her home. In California, roommate arrangements can be boiled down to two types of arrangements when the landlord does not live in the rental unit. (3) Harassment is unlawful violence, a credible threat of violence, or a knowing and willful course respondent does not attend the hearing, the court may make orders against the respondent (3) If an action is filed for the purpose of terminating or modifying a protective She specializes in family law and estate law and has mediated family custody issues. 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. If your roommate is on the lease agreement with you, then they only answer to your landlord. the existence and current status of orders issued under this section to law enforcement If they do not leave, they are trespassing, and you can call the police to have them removed. Of course, you still have to follow due process as your landlord would. Q: I am currently in a lease agreement with another party who shares equal responsibility for the rent. Evicting a Tenant Just as the tenant has rights, so does the landlord, even in roommate situations. the order and shall at that time also enforce the order. apply: (A) The protective or restraining order issued pursuant to this section is based upon If they have lived in the unit with you for less than one year, you must provide only thirty days notice. If your houseguest has been there less than 30 days, you can tell them to leave. 0 comments. Landlords, property owners or property management companies may rightfully evict a cotenant renter for numerous reasons in California, such failure to pay rent on time or a violation of any of the provisions in the lease agreement. Use of this site means that you agree to the Terms of Use. A co-tenant can, however, evict a subtenant. Subletting means that one tenant has a contractual arrangement with the landlord, hence the primary tenant is referred to as the Master tenant. 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. The notice must specify how many days the tenant has until you will terminate the tenancy. If youre subleasing to a roommate, you can evict them in California much more quickly especially if theres a history of bad behavior. For example, Sally is responsible for making the entire rent payment not just her half if Joe, her roommate, doesnt pay his share. these acts. to the petitioner. 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. law enforcement officer who is present at the scene of reported harassment involving However, the fact that an order issued by a court pursuant to this section was not

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