or receive, a firearm or ammunition while the protective order is in effect is punishable Sally would have two choices if Joes behavior deteriorated to the point where it became intolerable. A co-tenant can, however, evict a subtenant. another method of service that is reasonably calculated to give actual notice to the to any person that files a petition if necessary to prevent harassment, as defined 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. This is a cardinal sin we see all too often at Bornstein Law. (4) Each appropriate law enforcement agency shall make available information as to Even when your roommate's name is not on the lease, California law treats them as if they were a month-to-month tenant. Is it Legal to List Your Place on Airbnb? Service shall be made at least five days before the hearing. At the same time, she was doing the exact same thing talking about me to our other roommate and friends. Beverly Bird is a practicing paralegal who has been writing professionally on legal subjects for over 30 years. There are 4 kinds of orders you can ask for: Domestic Violence Restraining OrderYou can ask for a domestic violence restraining order if: Find more information about domestic violence. of the petition. 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. If you choose to evict a roommate without sticking to the roommates law in California, your case may get thrown out of court. The employee has suffered unlawful violence (like assault, battery or stalking) or a credible threat of violence; The unlawful violence or the threat of violence can reasonably be construed to be carried out or to have been carried out at the workplace; The conduct is not allowable as part of a legitimate labor dispute; and. or threats of violence, in an action brought pursuant to this section. In California, roommate arrangements can be boiled down to two types of arrangements when the landlord does not live in the rental unit. (u)(1) A person subject to a protective order issued pursuant to this section shall that a petition for a temporary order is granted or denied, a hearing shall be held Civil harassment restraining order (can be used for protection from neighbors, roommates, coworkers, or more distant family members like cousins, uncle or aunt, etc.). 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. 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. A temporary restraining order may be issued with or without notice, based on a declaration no more information than necessary is disclosed, and a delay would be caused by first

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