How to Get My Landlord to Evict a Hostile Housemate
My question involves landlord-tenant law in the State of: California
I rent a room in a house. Two other people rent rooms here. We all have separate leases with the owner, who does not live at this location.
I am starting to have problems with a hostile roommate. Most recently he got physical with me... he shoved me, yelled inches from my face lots of abusive language including swear words. He forced his way into my private bedroom and blocked the door so I couldn't close it. He is an enormous guy with a loud voice. I feel in danger here.
I reported this to the landlady and she is not very responsive. She said stuff like, "Oh I'm sure he had a bad night, it's all fine." She is ignoring this has been a pattern. I was able to talk her into having a meeting with the roommate and me to discuss how to handle it. She seemed to think it was reasonable to make strict rules for his behavior and leave it at that.
I haven't filed a police report yet. I feel kind of embarrassed to file a police report when I wasn't actually injured. He shoved me but I didn't fall down. The biggest injury is the constant anxiety of living with a hostile person.
I would like to force the landlady to take action to evict him. Can I threaten that I will sue her if she fails to act? Maybe I can sue her for inhospitable living conditions?
Should I definitely file a police report to have it on record in case it comes up at trial?
I think that I don't need to actually go to trial---that threatening the landlady with a suit, and telling her I have a police report to back it up, should be enough to get her to move.
Can I get advice?
Re: Trying to Get Landlord to Move on Evicting Hostile Roommate
Yes, you should file a police report. He put his hands on you, didn't he?
I'm sure the landlady didn't take it seriously because you didn't.
Re: Trying to Get Landlord to Move on Evicting Hostile Roommate
I was just wondering if someone can help me with some of the strategy here.
I just talked with the police and they said, like you implied, that putting his hands on me is battery, regardless of how violent it was.
The disadvantage of filing a police report is that it will make my roommate much angrier and more hostile, and making it even scarier to live here while I'm waiting for the situation to be resolved.
Maybe the threat of filing a report could be used? I could explain to him and the landlady that he committed a crime and that if it happens again I'll file a police report. It would be nice if threats could be used to keep them in line. And maybe a threat is all it will take to push the landlady to action.
Also I am wondering if there is tenant law i could use as a basis for suing the landlady for providing an inhospitable environment. This is not really to win the suit but rather to force her into action.
Re: Trying to Get Landlord to Move on Evicting Hostile Roommate
I'm not sure what you want the landlady to do if you aren't willing to stick up for yourself and file a police report. It's a little odd to me that you are so intimidated by this guy that you won't call the cops on him, but you're willing to threaten him with it. He'll figure out pretty fast that you're blowing smoke.
You can bet that if you sue, a judge will ask you the same thing. If you're that scared of the guy, consider finding another place to live.
Re: Trying to Get Landlord to Move on Evicting Hostile Roommate
Seems to me you need to follow thru and file a police report. The landlady probably has no obligation to act on just your story. After you file the police report and document his hostility towards you, you might be able to pressure the landlady to act, or to release you from any obligation to fulfill your rental agreement. Then you can find a place where you will feel safe.
Re: Trying to Get Landlord to Move on Evicting Hostile Roommate
You're an adult. Act like one. If he put his hands on you, you call the police immediately. No threats, no warnings, you take your phone out of your pocket and you dial 911.
He'll only retaliate if he knows he can take advantage of you with intimidation.
Re: Trying to Get Landlord to Move on Evicting Hostile Roommate
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mike1127
I was just wondering if someone can help me with some of the strategy here.
There's only one strategy. File a police report. If that escalates his abuse and he puts hands on you again, call the police again (instantly) and keep calling them police every time he touches you.
You might consider filing a civil harassment restraining order. You'll still need to file the police report because it requires a "credible threat of violence."
http://www.courts.ca.gov/1044.htm
Self-preservation is nobody's business but your own. If you aren't willing to go all in to accomplish it you remain his victim.
Re: Trying to Get Landlord to Move on Evicting Hostile Roommate
Okay I will follow a police report, but what I'm really asking about is whether it is possible to sue the landlady for failing to act on this roommate, for failing to provide livable conditions.
I talked with the landlady today and she is extremely unsympathetic, turns out she's taking his side! I can't frickin believe it!
It looks like I'll have to move out for sure. I would like to be able to recover some of my rent for the time I'm here that I'm unable to live peacefully.
Re: Trying to Get Landlord to Move on Evicting Hostile Roommate
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Quoting
mike1127
Okay I will follow a police report, but what I'm really asking about is whether it is possible to sue the landlady for failing to act on this roommate, for failing to provide livable conditions.
I talked with the landlady today and she is extremely unsympathetic, turns out she's taking his side! I can't frickin believe it!
It looks like I'll have to move out for sure. I would like to be able to recover some of my rent for the time I'm here that I'm unable to live peacefully.
You haven't done anything yourself. Why are you expecting your landlord to step in on your behalf? She has done nothing wrong.
Re: Trying to Get Landlord to Move on Evicting Hostile Roommate
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Quoting
mike1127
what I'm really asking about is whether it is possible to sue the landlady for failing to act on this roommate, for failing to provide livable conditions.
There is no basis for you to win a lawsuit. The landlady has nothing to do with this. She is not a guarantor of your security nor is she the solution to your problem. It's between you and the roommate.
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mike1127
It looks like I'll have to move out for sure. I would like to be able to recover some of my rent for the time I'm here that I'm unable to live peacefully.
You may be able to break your lease and move out without consequence but you aren't getting any money back from the landlady. In fact, you'll be responsible for paying rent for a period of time after you give notice of termination.
Take a look at Section 1946.7 of the California Civil Code (scroll down about half way):
http://www.leginfo.ca.gov/cgi-bin/di...le=1940-1954.1
Study the section carefully and read it several times so you understand what you need to do. The section allows you to terminate your tenancy if you are a victim of domestic violence.
It's a stretch, but following my reasoning.
Section 6211 of the Family Code defines "domestic violence" as "abuse perpetrated against any of the
following persons: (b) A cohabitant or former cohabitant, as defined in Section 6209."
Section 6209 defines "cohabitant" as "a person who regularly resides in the household."
http://www.leginfo.ca.gov/cgi-bin/di...file=6200-6219
You fit the definition of cohabitant and are a victim of domestic violence according to the statutory definitions.
To make this work and provide you with a defense to a possible lawsuit for breach of your lease, you MUST follow the procedures in 1946.7 TO THE LETTER.