You dont want to find yourself on the wrong side of the law, even though youre in the right. The stakes are particularly high and the subject matter more complex in rent controlled jurisdictions. (3) A person who owns, possesses, purchases, or receives, or attempts to purchase Search: Roommate Harassment Laws California. What The California Law Says About Kicking Out Your Roommate - DoNotPay Certain cities require just cause be provided to month-to-month tenants if they are living in a rent-controlled or subsidized housing program. service into CLETS directly. 3 Steps to Evict a Roommate Not on the Lease, Rent rooms and find roommates in our verified community. (2) The Judicial Council shall prepare and develop forms for persons who wish to avail Sign up for our mailing list to stay up to date on the laws YOU need to know. Please do! Dyou know what else Roomi, the ultimate roommate finder, does outside of helping its readers find roommates in NYC? the petitioner. Consult an attorney regarding your particular issues. order before the expiration date specified in the order by a party other than the Contact Us. Find more information . 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. (q)(1) If a respondent named in a restraining order issued after a hearing has not What can you do? It encompasses the transfer of rights held by one party the assignor to another party the assignee. or maliciously disregards these requirements. by a monetary fine. DOC What is the legal definition of harassment in CA - California If the dog is not an authorized pet on the lease, your landlord can evict your roommate for violating the lease. custody is the subject of an order, if the protected person cannot produce a certified short, evidencing a continuity of purpose, including following or stalking an individual, this section may have a duration of no more than five years, subject to termination Regardless, the court will set a trial date to take place within the next twenty days. hearing and, if the court grants the petition, the protected person. (Note: be sure to read our Guide to Eviction). Beverly Bird is a practicing paralegal who has been writing professionally on legal subjects for over 30 years. Rules To Set In Apartments For Rent With Roommates, Domestic Violence Temporary Restraining Order, Roommate Bonding Activities To Do While Living With A Roommate, Whos in My House? 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 court clerk or an advocate will help you complete the forms, including information about what is happening and what you want now. (B) Confidential information may be disclosed without a court order only in the following 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. Section 6205) of Division 7 of Title 1 of the Government Code, subdivision (b) of Section 6380 of the Family Code, Division 10 (commencing with Section 6200) of the Family Code, subdivision (i) of Section 6380 of the Family Code, paragraph (4) of subdivision (b) of Section 6103.2 of the Government Code, https://codes.findlaw.com/ca/code-of-civil-procedure/ccp-sect-527-6/, Read this complete California Code, Code of Civil Procedure - CCP 527.6 on Westlaw, Law Firm Tests Whether It Can Sue Associate for 'Quiet Quitting', The Onion Joins Free-Speech Case Against Police as Amicus, Bumpy Road Ahead for All in Adoption of AI in the Legal Industry. This is an ideal claim for Small Claims court. to civil harassment issued by a court pursuant to this section shall be transmitted Essentially, the landlord makes a contract with all of the roommates. with the order and notice of hearing with respect to a restraining order or protective The same would apply to a co-tenant who had to make an entire rent payment because a roommate didn't contribute his portion. The party who petitioned the court to keep the information confidential pursuant A fee shall not be paid for a subpoena filed in connection with a petition alleging If you are evicting for just cause and your roommate remedies the situation, you cannot move forward with the eviction process. Related: Rules To Set In Apartments For Rent With Roommates. (ii) The respondent to allow the respondent to comply with the order for confidentiality If you are not on the lease and your roommate ismaybe youre the one subletting, for instanceyou dont have many options. If they ignore you, then you'll have to begin an unlawful detainer action. Do I have any legal recourse against the other tenant under the terms of the lease? To request an OFP go to the county courthouse where your rental property is located. (h) The respondent may file a response that explains, excuses, justifies, or denies Read more about Domestic Violence. You have a close relationship with that person (married or registered domestic partners, divorced, separated, dating or used to date, have a child together, or live together or used to live together but more than roommates), or you are closely related (parent, child, brother, sister, grandmother, grandfather, in-law). A: As you indicated, both parties named on the lease are jointly and severally liable for the rent payment, which means that if one tenant breaks the lease and moves out without paying their share, the remaining tenant is responsible for all of the rent. Follow the same eviction procedure as a landlord performing a typical eviction. The petitioner shall provide the officer with an endorsed copy of the order and Technically, all roommates should sign the rental agreement or lease. At the same time, she was doing the exact same thing talking about me to our other roommate and friends. and the other party are required to be present in close proximity. the order and shall at that time also enforce the order. 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. Cite this article: FindLaw.com - California Code, Code of Civil Procedure - CCP 527.6 - last updated January 01, 2019 Bottom line, its complicated and really depends on your particular situation, so you may want to get some legal help. 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. When someone is being abused or harassed, he or she needs to decide on the best way to get legal protection from the abuse or harassment. order has been issued under this section, or that a person who has been taken into Roommate Harassment, Laws & Everything You Can Do About It. Sharing a home with others can definitely be a lot of fun, but also, not. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. and to find out the duration of that order, contact the clerk of the court.. 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 Harassment California Laws Roommate [S8JRNA] You can also prepare a written roommate agreement that covers the day-to-day details of living together. If they need to stay longer, they can file a stay of execution with the court to request more time. Find more information about Civil Harassment. And in either case, a roommates rights depend heavily on state laws, which can vary. the time for hearing under subdivision (g), not to exceed 25 days, unless otherwise issued on forms adopted by the Judicial Council and approved by the Department of has or is reasonably likely to have the ability to pay. Roommate Harassment Laws Roommates' rights can be limited when their behavior gets seriously out of line. Unfortunately its not an easy answer. 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. A conviction can be a petty offense or a misdemeanor.. order or order after hearing issued under this section may include other named family It may affect his or her immigration status if he or she is trying to get a green card or a visa. a sanction of up to one thousand dollars ($1,000). I moved back home with my family because I don't feel safe living in the apartment. The current tenants are still bound to provide the full rent amount as laid out in the lease which, by the way, the landlord will likely want to re-sign upon learning of a replacement roommate. (2) A minor, under 12 years of age, accompanied by a duly appointed and acting guardian ad litem, shall be permitted to appear . | https://codes.findlaw.com/ca/code-of-civil-procedure/ccp-sect-527-6/. Deprivation by a caregiver of things or services that the elder or dependent adult needs to avoid physical harm or mental suffering. and the circumstances surrounding the request for a protective order with respect From helping you to save money to becoming a good friend and making your home a more enjoyable place to be, you hit the jackpot when you find a good roomie. 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. 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. These situations can get complicated because you are still living with this person, so you may want to see if you two can negotiate a solution to your problem. You need to contact your landlord, apprise him or her of your living situation and request to terminate your lease early. with the court or on the motion of a party. 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. NOTE: If your roommate is threatening you with violence or otherwise doing dangerous illegal activities, call the police. protected party, the party who is protected by the order shall be given notice, pursuant A roommate of mine was spreading rumors about me and another of our roommates. Well, there can be a wide range of things that can be considered roommate harassment. in actions brought pursuant to this section is mandatory. As per most roommate harassment laws, putting your request in writing creates a paper trail for if and when you go to court. or termination of the order, and any subsequent proof of service, by either one of Copyright 2023, Thomson Reuters. This section does not preclude a petitioner from using other existing civil remedies. (l) In a proceeding under this section, if there are allegations of unlawful violence Again look at your lease. sanctioned for disclosure of the confidential information. Evicting a Roommate in California | Caretaker hearing, or both, under this section as provided in Section 374. 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. If the court imposes a sanction, the court shall first determine whether the person The person getting the restraining order is called the "protected person.". of the order. provided in this section. (7) Unlawful violence is any assault or battery, or stalking as prohibited in Section 646.9 of the Penal Code, but does not include lawful acts of self-defense or defense of others. 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. Evicting a Tenant Just as the tenant has rights, so does the landlord, even in roommate situations. or residing in the residence or household of the petitioner, the court may do either The court may also grant a continuance on its own motion. that, to the satisfaction of the court, shows reasonable proof of harassment of the these acts. Subletting is an option, too, but it's very common for lease agreements in California to explicitly disallow subletting. In San Francisco, landlords are prohibited . Domestic Violence 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. that could last up to five years. 3 Steps to Evict a Roommate Not on the Lease. But other times they are not. shorten the time for service on the respondent. Whos in My House? You need a good, approved reason to evict your roommate in California, but there are some ways you can get rid of a bad roomie according to the roommate law in California. An assignment is an agreement to transfer the lease. If the party who is protected by the order cannot be notified before the hearing 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. She would need the landlords approval to find another roommate to replace him or to remain in residence by herself. These abuses may include a violation of privacy rights or harassment enacted by altering the premises, such as changing locks without notice or cutting off utilities. While different types of roommate agreements can be a simple handshake or a legally binding written contract, these agreements never supersede the lease because they typically don't involve the landlord it's simply an arrangement made among roomies, which can range in formality. 2. a temporary restraining order and an order after hearing prohibiting harassment as for modification or termination of the protective order, the court shall deny the 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. Coliving 101: Help! (C) The court may authorize a disclosure of any portion of the confidential information The petition and response forms shall be simple and concise, and their use by parties provided that the disclosure is necessary to prevent harassment or is in the minor's One good way to evict your roommate is to start writing a letter, asking your roommate to leave. As a freelance writer and small business owner with a decade of experience, Dan has contributed legal- and finance-oriented content to diverse sources including Chron, Fortune, Zacks.com, Motley Fool and MSN Money, among others. According to Minnesota law, the landlord promises to keep your rental place and all common areas fit for the use intended by the parties. Contact us. If the subtenant refuses to comply and remains in the rental unit, the tenant may file for an unlawful detainer lawsuit against them. Roommates as Co-Tenants A co-tenant arrangement occurs when all roommates have a contractual relationship with the landlord. of the order from the court, additional proof of service is not required for enforcement (4)(A) Confidential information shall be made available to both of the following: (i) Law enforcement pursuant to subdivision (r), to the extent necessary and only However, if your life is in danger, go right ahead and evict that roommate. The injured roommates can sue for damages monetary compensation in exchange for all the associated headaches, trouble and grief this would cause. or threats of violence, in an action brought pursuant to this section. Understanding Abuse & Harassment Laws - abuse_selfhelp - California or otherwise, or coming within a specified distance of, or disturbing the peace of, The civil harassment laws say harassment is: Credible threat of violence means intentionally saying something or acting in a way that would make a reasonable person afraid for his or her safety or the safety of his or her family. 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. (k) This section does not preclude either party from representation by private counsel My roommate has done various things that I feel could be brought up in a court of law to absolve me of liability if I choose to leave early. (i) At the hearing, the judge shall receive any testimony that is relevant, and may In this situation, your best option is to let the landlord know what the problem is. Even with a clear written roommate agreement, disputes might arise. Subletting means that one tenant has a contractual arrangement with the landlord, hence the primary tenant is referred to as the Master tenant. Civil Harassment Restraining Order. Speaking of the premises, Section 1942 of the state's Civil Code allows roommates and other tenants to break the lease agreement if they experience inhabitable or unlivable conditions in the rental space. Before you do any of these things, make sure that your situation allows you to kick them out, and get familiar with the basics of state eviction laws. 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. officers responding to the scene of reported harassment. first-class mail sent to the respondent at the most current address for the respondent The subtenant has no specific responsibilities to the original tenant's landlord. (2) Credible threat of violence is a knowing and willful statement or course of conduct that would place a reasonable prompting, swaying, or influencing the party assisted by the support person. 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. (t) Willful disobedience of a temporary restraining order or order after hearing granted to an individual by any means, including, but not limited to, the use of public or You want to protect you and your family from . Under this law, harassment is any of the following: unlawful violence, such as: assault (Penal Code 240 PC), battery (Penal Code 242 PC), or stalking (Penal Code 646.9 PC); a credible threat of violence, or Before you can start a court case to make your roommate leave, you may need to give (serve) your roommate a Notice of Termination. Workplace Harassment Law in California (2023 Guide) - Work Lawyers Search California Codes. order of the court either on written stipulation filed with the court or on the motion to that minor, be kept confidential. We have lived in the house since June 2013, and our lease doesnt end until June 2015. Remember: Any agreements should be written down and signed by both parties. Read about the law in Code of Civil Procedure section 527.6. Under the leases terms, they have identical rights and responsibilities. Then, the law says what type of protection someone can ask for and what he or she has to prove to get it. 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. This process is identical to the process that landlords go through when evicting a tenant. In this case, you need to serve them a 30-day written notice to vacate the premises. 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. private mails, interoffice mail, facsimile, or email. state or local law; nor shall this section enlarge or diminish any ability of local government to regulate or enforce a prohibition against a landlord's harassment of a tenant. grant on a showing of good cause. For example, if your roommate decides to pay all owed rent, youll have to accept the rent and move on. that the respondent is evading service or cannot be located, then the court may specify (commencing with Section 1788) of Part 4 of Division 3 of the Civil Code or by Division 10 (commencing with Section 6200) of the Family Code. Both co-tenants directly and individually pay rent to the landlord. It is up to you to prove that you followed the correct steps for serving notice. (e) A request for the issuance of a temporary restraining order without notice under in feeling more confident that they will not be injured or threatened by the other a temporary restraining order in accordance with Section 527, except to the extent this section provides an inconsistent rule. 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: Make sure you have a reason before expelling anyone from your apartment. (v), the notice shall identify the information, specifically, that has been made confidential If you do arrange for early termination of your lease, then get that agreement in writing, signed by you and your landlord. In addition to the smelly new dog in the house, my roommate disrespects me every day by the way he talks to me. of requesting or opposing a request for a temporary restraining order or order after Civil Harassment Restraining OrderYou can ask for a civil harassment restraining order if you are being harassed, stalked, abused, or threatened by someone you are not as close to as is required under domestic violence cases, like a roommate, a neighbor, or more distant family members like cousins, aunts or uncles, or nieces or nephews. (y) There is no filing fee for a petition that alleges that a person has inflicted Here are some of our most popular pages right now: 1. Roommates: Your Rights and Liabilities | Lawyers.com It can be complicated so be sure to speak to a lawyer for your situation. Civil harassment restraining order (can be used for protection from neighbors, roommates, coworkers, or more distant family members like cousins, uncle or aunt, etc.). 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. Except as provided in subparagraph (B), if the court determines that disclosure 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. 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. As well as fulfilling other rental obligations. I have had to remove several of my belongings because of the dog. 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. Verbal notice of the terms of the order shall constitute service of the order and It's a good idea to file a police report to have evidence of the behavior if the eviction goes to court. Do not rely on advice in this column for legal opinions. of confidential information has been made without a court order, the court may impose He or she will generally not be able to own a gun. My roommate has been harassing me and I've made the rental office aware they gave me suggestions on what I could do. Calmly explain why youre upset might also help. Broken link? Rental Agreements in California: Key Terms to Look For, Just Cause Eviction: California Landlord Rights, California Sublet Laws: Rules for Tenants & Subtenants, California Legislative Information: Civil Code Sections 1940 - 1954.05 Hiring of Real Property, California Legislative Information: Health and Safety Code Sections 17920 - 17928 Rules and Regulations, Law Offices of Stimmel, Stimmel and Roeser: Landlord Obligations for Habitable Premises The Basic California Law, Lawyers.com: Roommates: Your Rights and Liabilities, A People's Choice: How to Evict a Roommate in California, Curbed Los Angeles: Here's How California's Rent Control Law Works, Legal Beagle: California Sublet Laws: Rules for Tenants & Subtenants, Legal Beagle: Rental Agreements in California: Key Terms to Look For, Legal Beagle: Just Cause Eviction: California Landlord Rights, Legal Beagle: Breaking a Lease in California: Tenants' Rights, Legal Beagle: Landlord Right of Entry: California Tenant Privacy Rights, Legal Beagle: California Landlord Responsibilities for Tenant Safety. shall contain a statement in substantially the following form: If you have been personally served with this temporary restraining order and notice 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. of the petition. If theres a reason for the eviction, you must also specify this in the notice. The information posted must be likely to incite or produce unlawful . Search: Roommate Harassment Laws California. (4) If information about a minor has been made confidential pursuant to subdivision 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. 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.