Legal Question in Real Estate Law in California

Issue Between Two Apartment Prospective Roommates

My son will be a 2nd yr college student. He leased an apartment for 1 yr. off campus in Los Angeles with one roommate. Just before end of the current school year, the intended roommate went to my son�s dorm and assaulted him without provocation (hit, pushed into wall). Obviously my son does not want to live with this individual any longer. We have tried to find another apartment but have been unsuccessful. Can we force this individual out of the apartment? We are willing to pay the entire rent and will seek another roommate. I understand only a landlord can evict a tenant, not another roommate. However given the assault I believe we should pursue a complaint based on roommates action as well as future potential threat of violence/instability.


Asked on 6/19/03, 7:33 am

2 Answers from Attorneys
Patrick McNeal Law Offices of Patrick D. McNeal

Re: Issue Between Two Apartment Prospective Roommates

Simple solution would be to get a restraining order against the individual,, that would order him to stay away from your son or from within 100 yards of his home, work , school,,etc....very quick and inexpensive solution,,,,,good luck pdm

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Answered on 6/19/03, 10:35 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Issue Between Two Apartment Prospective Roommates

California's Code of Civil Procedure, section 527.6, describes the domestic violence restraining order and how it is obtained. View it at www.leginfo.ca.gov/calaw.html. When reading the section, be sure to look at the currently-operative version of the text; there is a superseding version that becomes operative 1/1/2007.

Then, look at the forms available on-line to understand the application procedure and to apply for either a domestic violence or civil harassment restraining order. They are related, but different, concepts; you need to select the more appropriate one. The forms can be viewed, downloaded, and even filled in interactively at www.courtinfo.ca.gov/forms. Look at DV-100 and DV-500 et seq., also CH-100 and CH-150 and make your selections to fit the facts.

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Answered on 6/19/03, 1:04 pm


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