I have a restraining order against my roommate, can he get one now and kick me out?

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I have a restraining order against my roommate, can he get one now and kick me out?

My roommate was causing me to live in constant fear and I got a restraining order to remove him. I think he is going to court to get one against me to remove me from my apartment. He is not on the lease. Can he have me removed after I already have one against him?

Asked on July 11, 2012 under Real Estate Law, California

Answers:

Cameron Norris, Esq. / Law Office of Gary W. Norris

Answered 8 years ago | Contributor

This all sounds a bit ridiculous, but here is my best shot.

First, you are probably talking about "Civil Harassment Protective Orders" which are governed by California Code of Civil Procedure 527.6.  Usually, there must be a showing of a threat of violence.

Second, it really matters whether or not the roommate is paying rent.  If he doesn't pay rent, and he's not on the lease, then you can kick him out whenever you want. Period.  Call the police and have him trespassed.

If he is/was paying rent, then he is considered a "single lodger" and you can give him the same notice as the rental period (i.e. 30 days) in writing, then you can evict him without any formal eviction process.

If he is on the lease, then things are much more complicated.

If you already have a protective order that has a stay-away component, then he can't be near you--and also can't live there.  If he comes around you, you can call the police and have him arrested for violating the court order.  Have a copy of the order with you at all times just in case.


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