If that wont work, then maybe you can find a third party whom both you and your roommate trust to mediate an acceptable resolution for both parties. Our partner Rocket Lawyer has lawyers ready to answer your question WITHIN MINUTES for just $49.99 (Save $200+ vs hiring a lawyer). Download the app and sign up today! 3. The Housing Choice Voucher program, also known as Section 8, is a federally funded program that provides assistance to eligible low- and moderate-income families to rent housing in the private market. It may affect his or her ability to see his or her children. A common example is when a property is sold and the landlord assigns the lease to the new owner. Only a landlord can evict someone who is named on a lease, and can only do so with just cause. An OFP doesnt require an attorney and does not cost money to file. existence of the order. in subparagraph (A) if the person discloses the information in a manner that recklessly 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. 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. How to Evict a Family Member From a House. This document details the financial responsibilities of each tenant, as well as informing them about the terms, conditions, and rules associated with shared space. Landlords, property owners or property management companies may rightfully evict a cotenant renter for numerous reasons in California, such failure to pay rent on time or a violation of any of the provisions in the lease agreement. 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. As well as fulfilling other rental obligations. If your houseguest has been there less than 30 days, you can tell them to leave. However, if youre aiming to evict someone within a shorter time frame, then you need to be able to justify your position. Both co-tenants directly and individually pay rent to the landlord. pursuant to this subdivision or the protected party in an order pursuant to this division, issued on forms adopted by the Judicial Council and approved by the Department of At Law Soup we work hard to answer the most common questions for free. Technically, all roommates should sign the rental agreement or lease. California criminalizes cyber harassment under Section 653.2 of the California Penal Code. 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 For an employer to get a workplace violence restraining order on behalf of an employee, there needs to be reasonable proof that: Read about the law in Code of Civil Procedure section 527.8. (B) With the approval of the Department of Justice, entering the order or proof of Evicting a Roommate in California | Caretaker Nonetheless, the court will set a trial date within 20 days from when you get the notification. if the court expressly finds all of the following: (A) The minor's right to privacy overcomes the right of public access to the information. If the culprit had signed a written sublease agreement with you, and there is a just cause, three days quit notice will suffice. We at Roomi understand that living with one or more roommates is not always easy. What to Do If a Roommate Breaks the Lease: California Tenant Law A co-tenant arrangement occurs when all roommates have a contractual relationship with the landlord. Contacting, calling, or sending any messages (including e-mail); Disturbing the peace of the protected people. as are requested by the petitioner. Eligibility for this program is based on a familys gross annual income and family size. Read More: Rights for Roommates Not on a Lease. (B) At any time, the court on its own may authorize a disclosure of any portion of If your roommate is threatening you, harassing you or hurting you, you can apply for an Order for Protection ("OFP") or a Harassment Order. at the hearing, either personally or by an attorney, and the terms and conditions Physical abuse, neglect, financial abuse, abandonment, isolation, abduction (taking you out of the state against your will), or other behavior that causes physical harm, pain, or mental suffering; OR. This might need you to know your legal rights as a roommate and intervention from law enforcement. 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. 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. Just as the tenant has rights, so does the landlord, even in roommate situations. The petitioner shall provide the officer with an endorsed copy of the order and grant on a showing of good cause. If they do not leave, they are trespassing, and you can call the police to have them removed. encumbering, concealing, molesting, attacking, striking, threatening, harming, or pursuant to Section 29825 of the Penal Code. This can include a neighbor, a roommate, or even a friend that you haven't been on a date with. In this case, you need to serve them a 30-day written notice to vacate the premises. to any person that files a petition if necessary to prevent harassment, as defined spoken in any other manner that has placed the petitioner in reasonable fear of violence, After entering into a binding agreement with the landlord, the master tenant contracts with another person, a roommate or housemate called the Subtenant, who is responsible for paying rent to the master tenant. If they ignore you, then you'll have to begin an unlawful detainer action. California Law Landlord Roomates - Bornstein A fee shall not be paid for a subpoena filed in connection with a petition alleging Only a landlord has that legal right. 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. If the petition is filed too late in the day to permit effective review, the order Treatment that has physically or mentally hurt you. Before a roommate becomes an ex-roommate for breaking a lease, it's essential to understand whether or not they are within their rights. All rights reserved. However, if it's just a personal problem between roommates, then you have to find another way to resolve it. But when things go wrong, it can feel like hell. the existence and current status of orders issued under this section to law enforcement (4) If information about a minor has been made confidential pursuant to subdivision that has been made confidential and shall include a statement that disclosure is punishable (5) Respondent means the person against whom the temporary restraining order and order after hearing 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. of the order. Unlawful violence, like assault or battery or stalking, OR. obtaining a court order to authorize the disclosure of the information. In addition to the smelly new dog in the house, my roommate disrespects me every day by the way he talks to me. Related: Rules To Set In Apartments For Rent With Roommates. But harassing a person based on his or her race, religion or disability is a more serious crime punishable by up to 364 days . Read about the lawstarting withFamily Code section 6200. otherwise disposing of the animal. 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. Regardless of whos on the lease, if your roommate is acting in a way that makes you feel unsafe, you should call the police. connection with an animal owned, possessed, leased, kept, or held by the petitioner, If, for example, you are pursuing eviction and plan to give 30 or 60 days notice, you dont need to provide a good reason. (a) A landlord shall not with intent to terminate the occupancy under any lease or other tenancy or estate at (3)(A) If the request is granted, except as provided in paragraph (4), information Is your roommate the only one on the lease? The petition and response forms shall be simple and concise, and their use by parties The protected party may waive the protected party's right to notice if the protected no more information than necessary is disclosed, and a delay would be caused by first (2) The court may order the information specified in paragraph (1) be kept confidential 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. Certain cities require just cause be provided to month-to-month tenants if they are living in a rent-controlled or subsidized housing program. Lacking minor repairs typically doesn't make a rental uninhabitable in the eyes of the court, but serious health and safety issues or deficiencies very well might. Harassment Protection for Tenants under California State Law Typically, each roommate signs the lease agreement individually, making them cotenants of a single unit. Reviewed by: Michelle Seidel, B.Sc., LL.B., MBA.