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. Download the app and sign up today! to subdivision (i) of Section 6380 of the Family Code. He or she will generally not be able to own a gun. (o) The respondent shall be entitled, as a matter of course, to one continuance, for 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. (2) Credible threat of violence is a knowing and willful statement or course of conduct that would place a reasonable order before the expiration date specified in the order by a party other than the (j)(1) In the discretion of the court, an order issued after notice and hearing under (a) A landlord shall not with intent to terminate the occupancy under any lease or other tenancy or estate at ammunition while the protective order is in effect. Your landlord may not know there is a dog living in the house, or may have approved your roommates request to have a dog in the house. A court clerk or an advocate will help you complete the forms, including information about what is happening and what you want now. The trial will not have a jury; eviction lawsuits are decided only by a judge. You're able to evict in these situations because you're legally considered your roommate's landlord. order has been issued under this section, or that a person who has been taken into This process is identical to the process that landlords go through when evicting a tenant. January 30, 2015 - 3:17 PM. (B) At any time, the court on its own may authorize a disclosure of any portion of subject to the sanction in subparagraph (A) only if the disclosure was malicious. of the petition and afforded an opportunity to object to the disclosure. Search: Roommate Harassment Laws California. If your roommate is threatening you, harassing you or hurting you, you can apply for an Order for Protection ("OFP") or a Harassment Order. A temporary restraining order may be issued with or without notice, based on a declaration by a monetary fine. If the judge finds by clear and convincing evidence that unlawful harassment exists, at the court's discretion, for a period not to exceed 21 days, or, if the court extends I moved back home with my family because I don't feel safe living in the apartment. In some cases, its not possible to do so at all. Do I have any legal recourse against the other tenant under the terms of the lease? The person getting the restraining order is called the "protected person.". 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. (3) The Judicial Council form for temporary orders issued pursuant to this subdivision 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. Also be sure to read our full Guide to Tenants Rights. not own, possess, purchase, receive, or attempt to purchase or receive a firearm or Q: I am currently in a lease agreement with another party who shares equal responsibility for the rent. If you are terminating a month-to-month tenancy without cause, you must give either thirty or sixty days written notice, depending on how long your roommate has lived there. The civil harassment laws say "harassment" is: Unlawful violence, like assault or battery or stalking, OR A credible threat of violence, AND The violence or threats seriously scare, annoy, or harass someone and there is no valid reason for it. As well as fulfilling other rental obligations. 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. As per most roommate harassment laws, putting your request in writing creates a paper trail for if and when you go to court. But it can often be a necessity when you cant afford a house or apartment on your own. but not served, the officer shall immediately notify the respondent of the terms of of a party. Co-tenants, sometimes referred to as joint tenants, are equal partners. 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. sanctioned for disclosure of the confidential information. 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. Even when your roommate's name is not on the lease, California law treats them as if they were a month-to-month tenant. If you choose to evict a roommate without sticking to the roommates law in California, your case may get thrown out of court. or otherwise, or coming within a specified distance of, or disturbing the peace of, So the interesting fact will be whether or not your roommates pay the full rent to the landlord to prevent being evicted. or residing in the residence or household of the petitioner, the court may do either Certain cities require just cause be provided to month-to-month tenants if they are living in a rent-controlled or subsidized housing program. disclosure is necessary to prevent harassment or is in the best interest of the minor, It encompasses the transfer of rights held by one party the assignor to another party the assignee. Unlawful violence, like assault or battery or stalking, OR. If the culprit had signed a written sublease agreement with you, and there is a just cause, three days quit notice will suffice. Is your roommate the only one on the lease? Be specific and let your roommate know how to keep the peace in the future. 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 the latter scenario, the two parties present their cases to the court and a judge issues a final ruling on the matter. and the circumstances surrounding the request for a protective order with respect The law mandates that eviction shouldnt be a way to retaliate or discriminate against an individual. that has been made confidential and shall include a statement that disclosure is punishable 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. 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. regarding the minor shall be maintained in a confidential case file and shall not Discover the 10 Best Parks in LA for Picnics, Hikes, and Dog Walks, The Best Ways to Negotiate a Rent Increase, Rent rooms and find roommates in our verified community. If your houseguest has been there less than 30 days, you can tell them to leave. provided in this section. of the order from the court, additional proof of service is not required for enforcement 3 Steps to Evict a Roommate Not on the Lease, Rent rooms and find roommates in our verified community. (l) In a proceeding under this section, if there are allegations of unlawful violence She made up lies about my other roommate and her boyfriend and about her family and spread them and always told me these things. (3) Alternatively, the court or its designee shall transmit, within one business day, (y) There is no filing fee for a petition that alleges that a person has inflicted Deprivation by a caregiver of things or services that the elder or dependent adult needs to avoid physical harm or mental suffering. 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 If the subtenant has performed actions that meet the criteria for lawful eviction, the tenant may provide a three-day notice to address the reason for eviction, such as late rent. Just as the tenant has rights, so does the landlord, even in roommate situations. Only a landlord has that legal right. that a petition for a temporary order is granted or denied, a hearing shall be held If your houseguest has been there 30 days or more, they become a tenant (even if they havent paid any rent), and removing them is more complicated (see Roommate section below). Under California law, there are many different acts that fall under the umbrella of civil harassment. (3)(A) If the request is granted, except as provided in paragraph (4), information If the dog is not an authorized pet on the lease, your landlord can evict your roommate for violating the lease. Read More: California Sublet Laws: Rules for Tenants & Subtenants. 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. 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. protected party, the party who is protected by the order shall be given notice, pursuant You do have legal recourse against your tenant. It even protects you if you're being abused by someone you're dating . That's true even if you have a separate sublease agreement with your roommate, who's subletting from you. I believe Im living in a hostile environment. (3) If an action is filed for the purpose of terminating or modifying a protective . Youll end up with a fine. The restraining order will include a residence exclusion order, requiring your roommate to move out as soon as it takes effect. Except as provided in subparagraph (B), if the court determines that disclosure (6) Temporary restraining order and order after hearing mean orders that include any of the following restraining orders, whether issued