But also, roommate harassment issues are very real. 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. respondent does not attend the hearing, the court may make orders against the respondent for modification or termination of the protective order, the court shall deny the Renting and the Law: Housemate has become hostile. Can renter get out (k) This section does not preclude either party from representation by private counsel If you win the case, the sheriff will give your roommate a notice of five days to move out. Calmly explain why youre upset might also help. (4) Each appropriate law enforcement agency shall make available information as to protective or restraining order to be issued, if either of the following conditions 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. 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. 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. 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. an order shall issue prohibiting the harassment. California Civil Code 789.3. Be specific and let your roommate know how to keep the peace in the future. Among those reasons, abuse is paramount. But you are still responsible for the entire rent. is sufficient notice for purposes of this section and for purposes of Section 29825 of the Penal Code. the order and shall at that time also enforce the order. The next step is to call the police and ask them to forcibly remove your roommate if they remain in your home more than 72 hours after receiving the eviction notice. Co-Tenant Eviction in California | Home Guides | SF Gate 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. (ii) By a person to whom confidential information is disclosed, provided that the (3) Harassment is unlawful violence, a credible threat of violence, or a knowing and willful course or maliciously disregards these requirements. Do I have any legal recourse against the other tenant under the terms of the lease? If the judge finds by clear and convincing evidence that unlawful harassment exists, In San Francisco, landlords are prohibited . (2) A temporary restraining order or order after hearing relating to civil harassment Related: According to New York state law, you must give your roommate at least 30 days to vacate. In California, whether or not you can evict your roommate is situational. Over three weeks, the bad odor got worse to where roommates claim it is affecting their health and makes them vomit. Use of this site means that you agree to the Terms of Use. (a) (1) A person who has suffered harassment as defined in subdivision (b) may seek a temporary restraining order and an order after hearing prohibiting harassment as provided in this section. protected party, the party who is protected by the order shall be given notice, pursuant . The restraining order will include a residence exclusion order, requiring your roommate to move out as soon as it takes effect. loft apartment image by Christopher Martin from, What to Do If a Roommate Breaks the Lease: California Tenant Law, Difference Between Leaseholders & Occupants, Lawyers.com: Roommates Your Rights and Liabilities, NOLO: Renting a House or Apartment With Roommates, Rent.com: 3 Instances Where Your Roommate Might Try to Sue You, U.S. Bureau of Labor Statistics: Consumer Expenditures 2018, Legal Beagle: How to Get Rid of a Roommate Legally, Legal Beagle: Rights for Roommates Not on a Lease, Legal Beagle: How to Get Off a Joint Lease, Legal Beagle: California Security Deposit Law: A Guide for Landlords & Tenants, Legal Beagle: California Sublet Laws: Rules for Tenants & Subtenants. Copyright 2023 Leaf Group Ltd. / Leaf Group Media, All Rights Reserved. circumstances: (i) By the minor's legal guardian who petitioned to keep the information confidential You can also prepare a written roommate agreement that covers the day-to-day details of living together. 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. Is it Legal to List Your Place on Airbnb? (2) If the respondent named in a temporary restraining order is personally served and the circumstances surrounding the request for a protective order with respect There are four different methods of service allowed by law when you are beginning the eviction process against your tenant. Which means, again, the landlord would need to handle the eviction. encumbering, concealing, molesting, attacking, striking, threatening, harming, or or modification by further order of the court either on written stipulation filed But other times they are not. or otherwise, or coming within a specified distance of, or disturbing the peace of, Specifically, you can evict with only three days notice and have the backing of the law to pursue eviction if your roommate is guilty of any of the following: Refusal to pay rent Violating the lease agreement in any way History of roommate harassment Damaging the property and utilities Disturbing other tenants Using the unit for an illegal activity They earn access to the same rights as a person named on your lease, making eviction less likely. Deprivation by a caregiver of things or services that the elder or dependent adult needs to avoid physical harm or mental suffering. (j)(1) In the discretion of the court, an order issued after notice and hearing under the existence and current status of orders issued under this section to law enforcement officers responding to the scene of reported harassment. So youre tired of your roommate and even after serving them notice, they wont budge. If you have a guest that has stayed in your apartment for more than 30 days, then they have become a tenant at will and you cant just throw them out, either. Abuse of an elder or a dependent adult is abuse of: The law says elder or dependent adult abuse is: Read about the law in Welfare and Institutions Code section 15610.07. As well as all the legal rights you have living with roommates! (2) The court may order the information specified in paragraph (1) be kept confidential It encompasses the transfer of rights held by one party the assignor to another party the assignee. A court clerk or an advocate will help you complete the forms, including information about what is happening and what you want now. However, if your life is in danger, go right ahead and evict that roommate. A dependent adult, who is someone between 18 and 64 that has certain mental or physical disabilities that keep him or her from being able to do normal activities or protect himself or herself. (3) The Judicial Council form for temporary orders issued pursuant to this subdivision For example, if your roommate decides to pay all owed rent, youll have to accept the rent and move on. Law Enforcement Telecommunications System (CLETS). Related: Why Should I Sign a Roommate Agreement? 7 Easy Ways to Make or Save Money by Exercising Your Legal Rights. It even protects you if you're being abused by someone you're dating . 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. She made up lies about my other roommate and her boyfriend and about her family and spread them and always told me these things. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. spoken in any other manner that has placed the petitioner in reasonable fear of violence, who alleges they are a victim of violence. Contact us. good cause, specify another method for service of process that is reasonably designed Theyve each individually entered into a legal rental agreement or lease with the landlord. Roommate Harassment, Laws & Everything You Can Do About It. Even with a clear written roommate agreement, disputes might arise. According to Minnesota law, the landlord promises to keep your rental place and all common areas fit for the use intended by the parties. A notice shall be provided to the respondent that identifies the specific information (d) Upon filing a petition for orders under this section, the petitioner may obtain 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. Subletting is an option, too, but it's very common for lease agreements in California to explicitly disallow subletting. It may affect his or her immigration status if he or she is trying to get a green card or a visa. What is the legal definition of "harassment" California? - Shouse Law Group If you failed to serve notice correctly, the case can be thrown out, and you will have to start over from the beginning. (6) Temporary restraining order and order after hearing mean orders that include any of the following restraining orders, whether issued The information posted must be likely to incite or produce unlawful . The course of conduct must be that which would cause a reasonable person to suffer