According to New York state law, you must give your roommate at least 30 days to vacate. 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. Threatening your roommate will only hurt in this case as you will be the one in legal trouble as a result of that. If you choose to use this method, collect as much evidence and documentation of the behavior as you can to present to the court. of requesting or opposing a request for a temporary restraining order or order after not own, possess, purchase, receive, or attempt to purchase or receive a firearm or court costs and attorney's fees, if any. and shall include a statement that disclosure or misuse of that information is punishable 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. these acts. 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. (2) The court may order the information specified in paragraph (1) be kept confidential or from appearing on the party's own behalf. If you are evicting your roommate in a situation that requires just cause, the notice must also include the reason for the eviction notice. At the same time, she was doing the exact same thing talking about me to our other roommate and friends. or threats of violence, in an action brought pursuant to this section. Use of this site means that you agree to the Terms of Use. in subparagraph (A) if the person discloses the information in a manner that recklessly More rarely than a cotentant lease, roommates are in a sublet situation. 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 legal guardian or a protected party who makes a disclosure under this clause is The difference is that the harassment happens primarily at work AND it is the employer of the harassed employee who asks for protection for the employee (and, if necessary, for the employees family). The violence or threats seriously scare, annoy, or harass someone and there is no valid reason for it. Contacting, calling, or sending any messages (including e-mail); Disturbing the peace of the protected people. party is physically present in court and does not challenge the sufficiency of the of conduct directed at a specific person that seriously alarms, annoys, or harasses Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. 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. . (x)(1) The Judicial Council shall develop forms, instructions, and rules relating You can also prepare a written roommate agreement that covers the day-to-day details of living together. necessary to effectuate orders described in subparagraph (A). (v)(1) A minor or the minor's legal guardian may petition the court to have information 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. Find more information about Civil Harassment. 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). first-class mail sent to the respondent at the most current address for the respondent If you are determined to evict them, you typically do not have to give them the chance to make things right - unless you have served them a three day notice for unpaid rent and they are offering to pay it. 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. 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). Helpful Unhelpful. CRS 18-9-111 is the Colorado statute that defines criminal harassment as intentionally bothering, annoying, or alarming someone by way of repeated contact, obscene gestures, hitting, taunting, or following in public. to that minor, be kept confidential. 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. a proof of service that the officer shall complete and send to the issuing court. Law Enforcement Telecommunications System (CLETS). What if you could get a perfect roommate so that you dont even need to think of eviction? An OFP doesnt require an attorney and does not cost money to file. In California, you are not always required by law to give a reason for an eviction. You do have legal recourse against your tenant. that, to the satisfaction of the court, shows reasonable proof of harassment of the Usually, its a judge-only trial. It is also civil harassment if the abuse is from a family member that is not included in the list under domestic violence. for the order to be filed that day with the clerk of the court. Tell your landlord you can no longer live in the house under the current conditions, and that you would like to work out an arrangement that is agreeable for both you and your landlord. that has been made confidential and shall include a statement that disclosure is punishable Guide to Laws about Homelessness in California, 4. We have lived in the house since June 2013, and our lease doesnt end until June 2015. California criminalizes cyber harassment under Section 653.2 of the California Penal Code. Regardless of whos on the lease, if your roommate is acting in a way that makes you feel unsafe, you should call the police. this section may have a duration of no more than five years, subject to termination (r)(1) Information on a temporary restraining order or order after hearing relating (y) There is no filing fee for a petition that alleges that a person has inflicted and to allow the respondent to comply with and respond to the protective order. 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. If your roommate has any issues with the eviction, they may try to discuss it with you. 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. Roommates as Co-Tenants A co-tenant arrangement occurs when all roommates have a contractual relationship with the landlord. disclosure is necessary to prevent harassment or is in the best interest of the minor, hearing and, if the court grants the petition, the protected person. Additionally, the issues are fairly minor and easily resolvable. Copyright 2023 Leaf Group Ltd. / Leaf Group Media, All Rights Reserved. Once in motion, your roommate may choose to respond to the court in an attempt to fight the eviction. But if your lease with the landlord says you cant have people living there who are not on the lease (which is common), then you may be violating your own lease, and YOU could be evicted! The request may be made in writing before or at the hearing, or orally at the hearing. 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. (6) Upon receiving information at the scene of an incident of harassment that a protective regarding the minor shall be maintained in a confidential case file and shall not order has been issued under this section, or that a person who has been taken into (t) Willful disobedience of a temporary restraining order or order after hearing granted Elder or Dependent Harassment. a temporary restraining order in accordance with Section 527, except to the extent this section provides an inconsistent rule. as a contempt of court. The person getting the restraining order is called the protected person. The person the restraining order is against is the restrained person. Sometimes, restraining orders include other protected persons like family or household members of the protected person. Your roommate has master tenant status, meaning the lease exists only between the landlord and your roommate, and you are their subtenant. (u)(1) A person subject to a protective order issued pursuant to this section shall A notice shall be provided to the respondent that identifies the specific information Every co-tenant is held responsible to the obligations detailed in the lease, and landlords must hold up their legal obligations for each co-tenant, too. In general, you cannot just physically remove your roommate (that could be considered assault or battery), and you cant just change the locks. A landlord can demand an increase in rent or even an additional security deposit when adding a subtenant to an existing or new lease as a co-tenant. this section shall be granted or denied on the same day that the petition is submitted The subtenant then has five days to vacate the premises or oppose the complaint by filing a response with the court. If a request for a temporary order is not made, the hearing shall be held within order or protective order issued at the hearing may be served on the respondent by Findmore information about Workplace Violence. 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 the party is not represented by an attorney, may sit with the party at the table petitioner. They earn access to the same rights as a person named on your lease, making eviction less likely. That's true even if you have a separate sublease agreement with your roommate, who's subletting from you. 0 found this answer helpful | 1 lawyer agrees. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. to this subdivision shall be served personally or by first-class mail with a copy with the court or on the motion of a party. 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. has been unable to accomplish personal service, and that there is reason to believe The same Civil Code allows tenants to break a lease early if they're also subject to abuses from the landlord. The burden of proof is on you, so all of the documentation you have collected come into play here. Even if theyre guilty of roommate harassment, the best you can do is report them to the landlord. on the petition. 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. and substance of the order through personal appearance in court to hear the terms How to Evict a Family Member From a House. good cause, specify another method for service of process that is reasonably designed In any roommate situation (regardless of who is or isn't on the lease) where you feel unsafe, you can and should call the police. If you choose to evict a roommate without sticking to the roommates law in California, your case may get thrown out of court. (c) In the discretion of the court, on a showing of good cause, a temporary restraining Generally speaking, yes, you can sue your roommate if they break the lease. are sought and, if the petition is granted, the restrained person. Asked on December 8, 2011 under Real Estate Law, Ohio . For example, if your roommate decides to pay all owed rent, youll have to accept the rent and move on. In granting a continuance, the court may modify or terminate a temporary restraining the confidential information to certain individuals or entities as necessary to prevent You cannot evict a co-tenant. You can avoid a lot of headaches by carefully selecting housemates. So the interesting fact will be whether or not your roommates pay the full rent to the landlord to prevent being evicted. Landlords also have rights, such as the right to collect rent and to collect payment for property damages that exceed normal wear and tear. shall be granted or denied on the next day of judicial business in sufficient time From your description of the behavior, it sounds like your roommate is harassing you. Read more about Domestic Violence. But you are still responsible for the entire rent. So landlords can evict roommates, but roommates beholden to the same lease can't evict each other. 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. In a variety of situations, California law gives a roommate the legal right to break a lease before the lease agreement reaches its end date. You certainly cant just change the locks on the door. If the dog is not an authorized pet on the lease, your landlord can evict your roommate for violating the lease. (2) If the respondent named in a temporary restraining order is personally served A person who makes a disclosure pursuant to this clause is subject to the sanction (v), the notice shall identify the information, specifically, that has been made confidential Then, the law says what type of protection someone can ask for and what he or she has to prove to get it. If, for example, you are pursuing eviction and plan to give 30 or 60 days notice, you dont need to provide a good reason. ammunition while the protective order is in effect. Read More: How to Get Rid of a Roommate Legally. 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. As well as all the legal rights you have living with roommates! of the petition. make an independent inquiry. Civil Harassment Restraining Order. If theres a reason for the eviction, you must also specify this in the notice. Search: Roommate Harassment Laws California. A roommates recourse when things head south often depends on the type of roommate the individual is, a co-tenant or a subtenant. become part of the public file in the proceeding or any other civil proceeding involving Verbal notice shall include the information required pursuant to paragraph (4) of Read about the law in Code of Civil Procedure section 527.6. In some cases, its not possible to do so at all. I believe Im living in a hostile environment. unlawful violence or a credible threat of violence. What Happens If One Roommate Breaks The Lease? This is a cardinal sin we see all too often at Bornstein Law. 3 Steps to Evict a Roommate Not on the Lease, Rent rooms and find roommates in our verified community. There are four different methods of service allowed by law when you are beginning the eviction process against your tenant. (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.). 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. 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. the alleged harassment, or may file a cross-petition under this section. Copyright 2023 Leaf Group Ltd. / Leaf Group Media, All Rights Reserved. Well, there can be a wide range of things that can be considered roommate harassment. I have had to remove several of my belongings because of the dog. or residing in the residence or household of the petitioner, the court may do either neighbors, roommates, and; non-dating friends. Under the leases terms, they have identical rights and responsibilities. Civil harassment is when someone receives abuse, threats of abuse, or harassment by someone they have not dated and with whom they do not have a close family relationship. This can include a neighbor, a roommate, or even a friend that you haven't been on a date with. He or she might have to move out of his or her home. to the Department of Justice in accordance with either paragraph (2) or (3). (2) A temporary restraining order or order after hearing relating to civil harassment (k) This section does not preclude either party from representation by private counsel Read More: Rental Agreements in California: Key Terms to Look For. (B) At any time, the court on its own may authorize a disclosure of any portion of Certain cities require just cause be provided to month-to-month tenants if they are living in a rent-controlled or subsidized housing program. The court could then order your roommate to stay away from your rental house. 0 comments. Information provided by readers is not confidential. 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. You need to contact your landlord, apprise him or her of your living situation and request to terminate your lease early. 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. Behavior like harassing, stalking, threatening, or hitting someone, disturbing someones peace, or destroying someones personal property). Do not rely on advice in this column for legal opinions. You cant evict them. The same would apply to a co-tenant who had to make an entire rent payment because a roommate didn't contribute his portion. (4) Each appropriate law enforcement agency shall make available information as to NOTE: We do not give legal advice, only general legal info. (B) Confidential information may be disclosed without a court order only in the following apply: (A) The protective or restraining order issued pursuant to this section is based upon will be served on you by mail at the following address: ____. An OFP doesn't require an attorney and does not cost. If Your Roommate Violates the Lease Your landlord can terminate the entire tenancy even if just one roommate causes problemsfor example, by not paying the rent, damaging the rental unit, bringing in a dog (if your lease prohibits pets), making too much noise, or otherwise violating the lease. and the circumstances surrounding the request for a protective order with respect It all comes down to your unique situation and what your roommate may have done. The California roommate agreement ("room rental agreement") is a binding contract that co-tenants in a shared residential situation must sign. In some states, landlords cannot include clauses that provide for termination, should a tenant call the police in the face of domestic violence, nor can landlords make tenants pay for the cost of such calls. (2) The court shall order the petitioner or the attorney for the petitioner to deliver Sally would have two choices if Joe's behavior deteriorated to the point where it became intolerable. party during the proceedings if the person who alleges the person is a victim of violence You are 65 or older, or you are between 18 and 64 and have certain disabilities, and you are a victim of: Physical or financial abuse. Coliving 101: Help! However, your landlord cant evict anyone without a just cause, such as causing damage or refusing to pay rent. If the party who is protected by the order cannot be notified before the hearing Our plan for leaseholders was designed to take care of replacing roommates on a lease so that neither you or your landlord has to manage the process. Essentially, the landlord makes a contract with all of the roommates. (2) A minor, under 12 years of age, accompanied by a duly appointed and acting guardian ad litem, shall be permitted to appear . If they need to stay longer, they can file a stay of execution with the court to request more time. Nonetheless, the court will set a trial date within 20 days from when you get the notification. (C) The court may authorize a disclosure of any portion of the confidential information (3) A person who owns, possesses, purchases, or receives, or attempts to purchase It is up to you to prove that you followed the correct steps for serving notice. . 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. circumstances: (i) By the minor's legal guardian who petitioned to keep the information confidential Roommate Harassment, Laws & Everything You Can Do About It. As per most roommate harassment laws, putting your request in writing creates a paper trail for if and when you go to court. and that serves no legitimate purpose. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. 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. to the court. It may affect his or her ability to see his or her children. Read More: Rights for Roommates Not on a Lease. Judicial Council and that have been approved by the Department of Justice pursuant Under a regular cotenant lease agreement, cotenants cannot evict other cotenants, as eviction is the legal process approved by a judge by which a landlord and a tenant end their contractual relationship. In this case, you need to serve them a 30-day written notice to vacate the premises. Elder or Dependent Adult Abuse Restraining OrderYou can ask for an elder or dependent adult abuse restraining order if: Find more information about Elder and Dependent Abuse. If the roommate has threatened or engaged in real physical violence against you, you can get a Domestic Violence Temporary Restraining Order from court that asks for a residence exclusion order. (i) At the hearing, the judge shall receive any testimony that is relevant, and may Heres what you need to know about resolving a situation with a hostile roommate. In San Francisco, landlords are prohibited . It may affect his or her immigration status if he or she is trying to get a green card or a visa. (ii) The respondent to allow the respondent to comply with the order for confidentiality the order and shall at that time also enforce the order. in paragraph (6) of subdivision (b). Consult an attorney regarding your particular issues. In the California legal system, you can seek a civil harassment restraining order to prevent someone that you are not in a close relationship with from. If you failed to serve notice correctly, the case can be thrown out, and you will have to start over from the beginning. the support person from the courtroom if the court believes the support person is In this situation, your best option is to let the landlord know what the problem is. One good way to evict your roommate is to start writing a letter, asking your roommate to leave. Neglect, abandonment, or isolation, or. KELLY KLEIN Current as of January 01, 2019 | Updated by FindLaw Staff. Unfortunately its not an easy answer. at the hearing, either personally or by an attorney, and the terms and conditions The notice must be served by you, your agent, or anyone over the age of eighteen. Your name is the only one on the lease: If you're the only . A subtenant is impotent and cannot evict anyone, while a landlord can evict all tenants from the premises, with caveats. If youre evicting your roommate for a just cause and they rectify their behavior, they can stay. Under 653.2, it is a misdemeanor to electronically post certain types of information about an individual on the internet. Participation in this column does not create an attorney/client relationship with Klein. than five additional years, without a showing of any further harassment since the After all of that occurs and your day in court arrives, come prepared with all communication that has occurred between you and your roommate, as well as the lease which shows that you are the rightful owner of the property and shows that your roommate has no legal grounds on which to stay. A fee shall not be paid for a subpoena filed in connection with a petition alleging Regardless, the court will set a trial date to take place within the next twenty days. 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. As per most roommate harassment laws, putting your request in writing creates a paper trail for if and when you go to court. The course of conduct must be that which would cause a reasonable person to suffer The support person is present to provide moral and emotional support for a person Send this article to anyone, no subscription is necessary to view it, Anyone can read, no subscription required, See