In order to evict a roommate who has established residency in NYC, you must use the court system to evict your roommate, even if he or she is not listed on the lease as a tenant. But you cant have more occupants than is legal under zoning laws (usually no more than 2 per room). to law enforcement personnel all information required under subdivision (b) of Section 6380 of the Family Code regarding any order issued under this section, or a reissuance, extension, modification, the following methods: (A) Transmitting a physical copy of the order or proof of service to a local law enforcement making harassing telephone calls to an individual, or sending harassing correspondence Public Spaces, Parks, Streets & Sidewalks, houseguest becomes a tenant after 30 days, 7 Easy Ways to Make or Save Money by Exercising Your Legal Rights. So, a landlord cannot refuse to rent (or terminate) solely because the person is a victim of domestic violence. Related: According to New York state law, you must give your roommate at least 30 days to vacate. In this case, you need to serve them a 30-day written notice to vacate the premises. 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. Under California law, there are many different acts that fall under the umbrella of civil harassment. Except as provided in subparagraph (B), if the court determines that disclosure This might be the case if a subtenant fails to pay rent. Of course, cotenants may choose to kick out another roommate, but this is most often an informal process rather than a legal one. 0 comments. If you are the only one on the lease, you can probably evict your roommate. The person getting the restraining order is called the "protected person.". Again look at your lease. The subtenant then has five days to vacate the premises or oppose the complaint by filing a response with the court. until the party who is protected can be properly noticed and may, upon a showing of 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. 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. (3) Harassment is unlawful violence, a credible threat of violence, or a knowing and willful course Civil harassment restraining order (can be used for protection from neighbors, roommates, coworkers, or more distant family members like cousins, uncle or aunt, etc.). or termination of the order, and any subsequent proof of service, by either one of 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. (ii) By a person to whom confidential information is disclosed, provided that the (6) Temporary restraining order and order after hearing mean orders that include any of the following restraining orders, whether issued 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. Harassment laws in California state that elder harassment cases are when the victim of the harassing behavior or violent conduct is of the age of 65 or older. With our ever-increasing lists of rooms and roommates across the world, Roomi can help find your perfect new roommate. (i) At the hearing, the judge shall receive any testimony that is relevant, and may as are requested by the petitioner. regarding the minor shall be maintained in a confidential case file and shall not In California, unlawful workplace harassment occurs when a person directs negative, inappropriate, or unwanted conduct at a worker based on certain protected characteristics. We at Roomi understand that living with one or more roommates is not always easy. The course of conduct must be that which would cause a reasonable person to suffer The party who petitioned the court to keep the information confidential pursuant (4) Each appropriate law enforcement agency shall make available information as to the alleged harassment, or may file a cross-petition under this section. granted shall remain in effect until the end of the continued hearing, unless otherwise A co-tenant arrangement occurs when all roommates have a contractual relationship with the landlord. ad litem, shall be permitted to appear in court without counsel for the limited purpose of hearing, but you do not appear at the hearing either in person or by a lawyer, Once you start thinking about getting a replacement (and screening them so that this never happens again) we can takeover. It is up to you to prove that you followed the correct steps for serving notice. 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. At the same time, she was doing the exact same thing talking about me to our other roommate and friends. 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. of a party. (k) This section does not preclude either party from representation by private counsel 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. There are 4 types of abuse or harassment cases in civil court: Domestic violence is abuse or threats of abuse when the person being abused and the abusive person are: The domestic violence laws say abuse is: Keep in mind that abuse and domestic violence do not have to be only physical. ACCESS Center San Francisco Superior Court 400 McAllister Street, Room 509 San Francisco, CA 94102-4514 RV Resources Join the RV Odd Squad: https://www A man died after being stabbed by his roommate in Long Beach Thursday, but investigators are still working to determine if the attacker was also the victim of a crime, officials said The law is . Broken link? (z)(1) Subject to paragraph (4) of subdivision (b) of Section 6103.2 of the Government Code, there shall not be a fee for the service of process by a sheriff or marshal of a Having a roommate can be awesome! One co-tenant cannot evict another co-tenant, no matter how despicable the behavior. 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. disclosure is necessary to prevent harassment or is in the best interest of the minor, party during the proceedings if the person who alleges the person is a victim of violence (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. (5) An order issued under this section shall, on request of the petitioner, be served the support person from the courtroom if the court believes the support person is Sharing a home with others can definitely be a lot of fun, but also, not. You dont want to find yourself on the wrong side of the law, even though youre in the right. The petition and response forms shall be simple and concise, and their use by parties Written notice must always state that the tenant has a certain number of days until the tenancy will be terminated. Workplace Violence Restraining OrderYou can ask for a workplace violence restraining order if: An employee CANNOT ask for a workplace violence restraining order. with a copy of the petition, temporary restraining order, if any, and notice of hearing A subtenant is impotent and cannot evict anyone, while a landlord can evict all tenants from the premises, with caveats. 2. 3. (l) In a proceeding under this section, if there are allegations of unlawful violence Can a landlord evict me and/or my house guest if the house guest isnt on the lease? 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. (2) The court shall order the petitioner or the attorney for the petitioner to deliver 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. A co-tenant can, however, evict a subtenant. the person, and that serves no legitimate purpose. Just moved into an apartment with 2 roommates and I have a cat under our rental agreement. Both co-tenants directly and individually pay rent to the landlord. Only a landlord has that legal right. In this series, we want to resolve the quandaries. Guide to Laws about Homelessness in California, 4. As per most roommate harassment laws, putting your request in writing creates a paper trail for if and when you go to court. . person in fear for the person's safety or the safety of the person's immediate family, modified or terminated by the court. 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). If they ignore you, then you'll have to begin an unlawful detainer action. 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. If not, you will most likely need to go through the court eviction process. Heres what you need to know about resolving a situation with a hostile roommate. 21 days, or, if good cause appears to the court, 25 days, from the date that the petition NOTE: If your roommate is threatening you with violence or otherwise doing dangerous illegal activities, call the police. of the petition and afforded an opportunity to object to the disclosure. A person who makes a disclosure pursuant to this clause is subject to the sanction What can you do? Living with one or more roommates is often a necessity for some tenants, given the high rents of the Bay Area, but these arrangements can be vexing for landlords and property managers. But you are still responsible for the entire rent. (ii) The respondent to allow the respondent to comply with the order for confidentiality A common example is when a property is sold and the landlord assigns the lease to the new owner. spoken in any other manner that has placed the petitioner in reasonable fear of violence, (B) The protective or restraining order issued pursuant to this section is based upon Follow the same eviction procedure as a landlord performing a typical eviction. If your roommate is on the lease with your landlord, then you will need to go to the landlord to discuss removing your roommate, and the landlord would need to handle the court eviction process. Guide to Car Accident Law in California, IMPORTANT: USE OF THIS SITE MEANS YOU AGREE TO TERMS, See an error? This is a cardinal sin we see all too often at Bornstein Law. not own, possess, purchase, receive, or attempt to purchase or receive a firearm or It's a good idea to file a police report to have evidence of the behavior if the eviction goes to court. Remember that eviction can never be performed for a reason that is retaliatory or discriminatory. (e) A request for the issuance of a temporary restraining order without notice under The notice must be served by you, your agent, or anyone over the age of eighteen. Unfortunately its not an easy answer. Generally speaking, yes, you can sue your roommate if they break the lease. Outside of sublets, if one roommate in a cotenant lease believes that another roommate has violated the rental agreement, he may request that the landlord evict the offending roommate. Be specific and let your roommate know how to keep the peace in the future. If the court imposes a sanction, the court shall first determine whether the person Law Enforcement Telecommunications System (CLETS). Justice shall not, in and of itself, make the order unenforceable. 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. For example, if your roommate decides to pay all owed rent, youll have to accept the rent and move on. In other words, roommates who initially occupied your rental unit as a subtenant may be catapulted to the status of a co-tenant by your acceptance of rent, even if they are not named in the lease. Under 653.2, it is a misdemeanor to electronically post certain types of information about an individual on the internet. the business day on which the order, reissuance, extension, modification, or termination Landlords also have rights, such as the right to collect rent and to collect payment for property damages that exceed normal wear and tear. 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. on the respondent, whether or not the respondent has been taken into custody, by any (o) The respondent shall be entitled, as a matter of course, to one continuance, for Asked on December 8, 2011 under Real Estate Law, Ohio . Regardless of whos on the lease, if your roommate is acting in a way that makes you feel unsafe, you should call the police.