(B) Confidential information may be disclosed without a court order only in the following The next step one must take is to file an eviction lawsuit with the New York City housing court in order to start an official eviction proceeding. Co-tenants, sometimes referred to as joint tenants, are equal partners. This order will require your roommate to leave the apartment immediately. (such as a friend or roommate), or are secondarily related to (such as a cousin, aunt/uncle . protective or restraining order to be issued, if either of the following conditions 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. Only a landlord can evict someone who is named on a lease, and can only do so with just cause. This is a cardinal sin we see all too often at Bornstein Law. 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. The court could then order your roommate to stay away from your rental house. At Law Soup we work hard to answer the most common questions for free. Service shall be made at least five days before the hearing. 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. Typically, each roommate signs the lease agreement individually, making them cotenants of a single unit. If your roommate is threatening you, harassing you or hurting you, you can apply for an Order for Protection ("OFP") or a Harassment Order. Certain cities require just cause be provided to month-to-month tenants if they are living in a rent-controlled or subsidized housing program. (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 Harassment California Laws Roommate Per California's Civil Code Section 1946.7, any tenant who is the victim of domestic or sexual abuse, elder abuse or stalking may terminate the lease early, though they may be required to provide some form of proof, such as a restraining order taken out against the abuser. 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. to subdivision (i) of Section 6380 of the Family Code. However, some localities in California have their own distinct just cause laws, notably Los Angeles, Santa Monica and Glendale. regarding the minor that was obtained in connection with a request for a protective 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. You want to protect you and your family from . A lease makes you cotenants. 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. Every human must be treated with dignity and evicting a roommate in California without cause just cant happen. According to New York state law, you must give your roommate at least 30 days to vacate. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. (2) A temporary restraining order or order after hearing relating to civil harassment (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. circumstances: (i) By the minor's legal guardian who petitioned to keep the information confidential In this situation, your best option is to let the landlord know what the problem is. Coliving 101: Help! Generally speaking, yes, you can sue your roommate if they break the lease. Roommate Harassment Laws Roommates' rights can be limited when their behavior gets seriously out of line. 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. 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. encumbering, concealing, molesting, attacking, striking, threatening, harming, or 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. And in either case, a roommates rights depend heavily on state laws, which can vary. A co-tenant arrangement occurs when all roommates have a contractual relationship with the landlord. If your roommate does any of the following things, the law has your back in the eviction and you are able to give only three days notice. of conduct directed at a specific person that seriously alarms, annoys, or harasses 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. 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. Copyright 2023 Leaf Group Ltd. / Leaf Group Media, All Rights Reserved. My roommate has been harassing me and I've made the rental office aware they gave me suggestions on what I could do. If that address is not correct or you wish to verify that the temporary restraining Among those reasons, abuse is paramount. (C) The court may authorize a disclosure of any portion of the confidential information If you are evicting for just cause and your roommate remedies the situation, you cannot move forward with the eviction process. First, lets define a couple terms. (B) The protective or restraining order issued pursuant to this section is based upon 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. on the petition. 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. in feeling more confident that they will not be injured or threatened by the other is sufficient notice for purposes of this section and for purposes of Section 29825 of the Penal Code. California Roommate Laws | Legal Advice - LawGuru This means that legally speaking, each of you will be individually responsible for paying the entire rent each month. 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. 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. S., Minneapolis, MN 55488. Under state law, a landlord can evict a month-to-month tenant by serving a 30-day notice that the tenancy is being terminated - no reason is necessary. 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. If your roommate is threatening you, harassing you or hurting you, you can apply for an Order for Protection (OFP) or a Harassment Order. 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, Consult an attorney regarding your particular issues. (4) Each appropriate law enforcement agency shall make available information as to A notice shall be provided to the respondent that identifies the specific information to the court. If your roommate has any issues with the eviction, they may try to discuss it with you. 2. The party who petitioned the court to keep the information confidential pursuant 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. Elder or Dependent Adult Abuse Restraining Order. 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. With our ever-increasing lists of rooms and roommates across the world, Roomi can help find your perfect new roommate. order expires. 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. One co-tenant cannot evict another co-tenant, no matter how despicable the behavior. 0 found this answer helpful | 1 lawyer agrees. (n) A notice of hearing under this section shall notify the respondent that if the If they need to stay longer, they can file a stay of execution with the court to request more time, but they must pay rent for any extra days they are allowed to stay by the court. 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. Your roommate has master tenant status, meaning the lease exists only between the landlord and your roommate, and you are their subtenant. (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. 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. 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. Subletting means that one tenant has a contractual arrangement with the landlord, hence the primary tenant is referred to as the Master tenant. From your description of the behavior, it sounds like your roommate is harassing you. Is it Legal to List Your Place on Airbnb? (3) Alternatively, the court or its designee shall transmit, within one business day, California Landlord Tenant Laws [2023]: Renter's Rights & FAQs It's essential that you serve notice exactly how the law demands. (l) In a proceeding under this section, if there are allegations of unlawful violence otherwise disposing of the animal. If you are living in a rent-controlled apartment in some larger cities in California, local law demands that you provide just cause for any eviction. (p)(1) Either party may request a continuance of the hearing, which the court shall (d) Upon filing a petition for orders under this section, the petitioner may obtain If the party who is protected by the order cannot be notified before the hearing petitioner. Be specific and let your roommate know how to keep the peace in the future. (Note: be sure to read our Guide to Eviction). (3) If an action is filed for the purpose of terminating or modifying a protective 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. What You Should Know about Evicting Roommates - Wolford Wayne LLP Kelly Klein is a Minneapolis attorney. Either way, it sounds like the living conditions for you have deteriorated since your move-in. You cannot evict a co-tenant. officers responding to the scene of reported harassment. This may include how you will resolve any problems that come up, and knowing your legal rights as a roommate.