Legal Question in Real Estate Law in California

Psycho roommate
Prior to moving to Sacramento from Utah, my future roommates and I made several agreements. My roommate (RM) said he loves children and that there would be no problem so I moved. Since then, my RM got angry with my child and told him, "I never want to see you again." and other hurtful things. I was forced to send him to his father. My RM eats my food, disrespects and uses my property, enters my room, dictates phone usage, and is just down right mean. Apparently there was a lease but it had run out months ago and is now a month to month. My RM has ordered me to move out but I don't have the money. Yesterday he called the landlord telling him that the living conditions with me are unliveable in an effort to kick me out. Also my RM has broken the rule of no pot smoking in the house.

Does he have a right to kick me out? Do I have civil remedies for being forced to send my son away due to the hostile environment? Do I have any remedies at all for his use of my things, eating of food and constant harassment? Can his drug usage be a reason for immediate removal from the property? Does he have a right to dictate common areas, for instance, phone usage, smoking of cigarettes, television usage, etc.?

Asked on 7/31/00, 9:38 am

2 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

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Re: Psycho roommate

It sounds like you are a subtenant based upon your not knowing much about the lease, etc. If you are a subtenant and not a co-tenant, RM has a right to evict you and the landlord has the right to evict either or both of you (under conditions permitting eviction in general, of course).

The agreements you made with RM before moving to Sacramento are theoretically legally enforceable (unless they deal with illegal subjects or affect title or possession of real estate) but as a practical matter it would be your word against his, and the outcome is hard to predict.

You may need Dear Abby as much as LawGuru, but if the problems persist get a free initial conference with a local lawyer to have your lawsuit chances and other remedies sized up professionally.....and keep your eye open for a more pleasant living situation!

Answered on 9/13/00, 1:45 am

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