The notice must specify how many days the tenant has until you will terminate the tenancy. to matters governed by this section. A conviction can be a petty offense or a misdemeanor.. order has been issued under this section, or that a person who has been taken into or from appearing on the party's own behalf. been served personally with the order but has received actual notice of the existence You may have many reasons to sue your roommate; however, whether or not you can depends on the state in which you live. My Roommate Is Really Creepy! 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. According to California law ( CA Civil Code 1940-1954.05 ), tenants have certain rights, including the right to a habitable dwelling or due process for evictions. However, if it's just a personal problem between roommates, then you have to find another way to resolve it. The trial will not have a jury; eviction lawsuits are decided only by a judge. Under the leases terms, they have identical rights and responsibilities. Can You Sue Your Roommate for Breaking the Lease? | LegalMatch Landlords also have rights, such as the right to collect rent and to collect payment for property damages that exceed normal wear and tear. California Landlord Tenant Laws [2023]: Renter's Rights & FAQs Is your roommate the only one on the lease? The court may for good cause, on motion of the petitioner or on its own motion, If the judge finds by clear and convincing evidence that unlawful harassment exists, 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. service into CLETS directly. This section does not preclude a petitioner from using other existing civil remedies. with a duration of three years from the date of issuance. (6) Upon receiving information at the scene of an incident of harassment that a protective Asked on December 8, 2011 under Real Estate Law, Ohio . Read More: California Sublet Laws: Rules for Tenants & Subtenants. You dont want to find yourself on the wrong side of the law, even though youre in the right. themselves of the services described in this subdivision. Before a roommate becomes an ex-roommate for breaking a lease, it's essential to understand whether or not they are within their rights. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. 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. circumstances: (i) By the minor's legal guardian who petitioned to keep the information confidential You do have legal recourse against your tenant. 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. Which means, again, the landlord would need to handle the eviction. 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. A temporary restraining order may be issued with or without notice, based on a declaration Sign up for our mailing list to stay up to date on the laws YOU need to know. It may affect his or her ability to see his or her children. Another unexpected and harrowing surprise landlords can face is a long-term guest that becomes a tenant because they stayed in the rental unit for 30 days or more, regardless if they entered into any formal tenancy agreement. In a variety of situations, California law gives a roommate the legal right to break a lease before the lease agreement reaches its end date. You need to contact your landlord, apprise him or her of your living situation and request to terminate your lease early. NOTE: If your roommate is threatening you with violence or otherwise doing dangerous illegal activities, call the police. 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. Can a landlord evict me and/or my house guest if the house guest isnt on the lease? It's essential that you serve notice exactly how the law demands. (a) A landlord shall not with intent to terminate the occupancy under any lease or other tenancy or estate at (6) Temporary restraining order and order after hearing mean orders that include any of the following restraining orders, whether issued 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. motion to modify or terminate the order without prejudice or continue the hearing 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. Broken link? with the court or on the motion of a party. Otherwise, the original tenant would be loosely considered to be the new tenants landlord. court costs and attorney's fees, if any. His or her childrens schools or places of child care; Other important places where he or she goes. A roommates right to sue a subtenant can depend on whether an agreement is in place between them and, if so, whether its in writing. (k) This section does not preclude either party from representation by private counsel or threats of violence, in an action brought pursuant to this section. 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. 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. Certain cities require just cause be provided to month-to-month tenants if they are living in a rent-controlled or subsidized housing program. 7 Easy Ways to Make or Save Money by Exercising Your Legal Rights. Consequences can wait. 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 One co-tenant cannot evict another co-tenant, no matter how despicable the behavior. a temporary restraining order and an order after hearing prohibiting harassment as It is also civil harassment if the abuse is from a family member that is not included in the list under domestic violence. of the order. (2) If the respondent named in a temporary restraining order is personally served The subtenant has no specific responsibilities to the original tenant's landlord. In similar fashion, a tenant might assign his or her lease to a new tenant or occupant, which then begins the game of musical chairs and creates a quagmire where the rental property owner does not know who is living in their units. granted shall remain in effect until the end of the continued hearing, unless otherwise In this situation, your best option is to let the landlord know what the problem is. Copyright 2023 Leaf Group Ltd. / Leaf Group Media, All Rights Reserved. to an individual by any means, including, but not limited to, the use of public or She specializes in family law and estate law and has mediated family custody issues. However, if theyre still being difficult, you can move forward with the eviction. Speak up if youre upset by something your roommate (or a roommates guest or pet) did or didnt do, said, or didnt say. Technically, all roommates should sign the rental agreement or lease. (a)(1) A person who has suffered harassment as defined in subdivision (b) may seek Information provided by readers is not confidential. Every human must be treated with dignity and evicting a roommate in California without cause just cant happen. as are requested by the petitioner. Sally would have two choices if Joe's behavior deteriorated to the point where it became intolerable. 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. 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. DOC What is the legal definition of harassment in CA - California As a court complaint, this officially starts the formal eviction process. A credible threat of violence includes following or stalking someone or making harassing calls or sending harassing messages (by phone, mail, or e-mail) over a period of time (even if it is a short time). 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: Refusal to pay rent Violating the lease agreement in any way History of roommate harassment Damaging the property and utilities Disturbing other tenants Using the unit for an illegal activity One co-tenant cannot evict another co-tenant, no matter how despicable the behavior. If there is no written lease, or if the lease does not adequately address these issues, you have a problem that needs to be rectified with the guidance of Bornstein Law. However, if a roommate is not named on the lease, the named roommate may be held responsible for the full rent that is owed to the landlord. officers responding to the scene of reported harassment. If you are determined to evict them, you typically do not have to give them the chance to make things right - unless you have served them a three day notice for unpaid rent and they are offering to pay it. another method of service that is reasonably calculated to give actual notice to the (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. and a restraining order that is the same as this temporary restraining order except It all comes down to your unique situation and what your roommate may have done. or modification by further order of the court either on written stipulation filed Even if your roommate is not on the lease but pays rent directly to your landlord, you still cannot evict them. Or other things you want to tell us? Neglect, abandonment, or isolation, or. Evicting a Roommate in California | Caretaker