Miscellaneous

Can I sue my roommate for emotional distress?

Can I sue my roommate for emotional distress?

There are claims of intentional infliction of emotional distress and negligent infliction of emotional distress that can be brought, but are almost always next to impossible to prove. First, you need to show that your roommates engaged… Thank you very much. I appreciate the sympathy most of all.

Is it illegal to lock your roommate out?

It is illegal for your roommate to lock you out. To evict you he must first serve you with a 60 day notice to terminate your tenancy. Then, if you do not move voluntarily, he must file a lawsuit called an unlawful detainer, have you served with court…

How do you protect yourself from a bad roommate?

A lease is a binding legal contract. So the good news is, according to most state laws, your absent roommate will be obligated to continue paying rent for the remainder of the lease, or in some cases, pay until another tenant can be found.

Can I sue roommate for entering my room?

Trespass is one of the few torts that can be sued on even though there is not physical damage, but a judge has the discretion to impose whatever award the want to so you need to show how upset, etc. you were by his entering our room. You would sue in Small Claims Court.

Can a roommate move out without notice?

Yes, your roommate is still responsible to pay his share of the rent. You and your roommates are all bound jointly to pay the rent to your landlord. If a roommate leaves, the rent must still be paid in full. The landlord can evict you if the rent is not paid in full, regardless of your roommate moving out.

What can I do if my roommate is harassing me?

If your roommate is threatening you, harassing you or hurting you, you can apply for an Order for Protection (“OFP”) or a Harassment Order. An OFP doesn't require an attorney and does not cost money to file. The court could then order your roommate to stay away from your rental house.

Can I sue my roommate for moving out?

Yes, you may sue your roommate. Likely this will be in the County small claims court. Whether the Judge awards you all that you claim or part or nothing is up to the Judge.

What happens if my roommate stops paying rent?

Landlords have the right to terminate a tenancy—and ultimately file an eviction lawsuit if necessary—when tenants miss a rent payment. So, when a roommate fails to pay the share of rent agreed upon, you might have to pay the full amount out of your own pocket in an effort to keep your rental.

Can my roommate keep my belongings?

It is illegal for anyone to keep your personal property without your consent — whether you moved out abruptly because you could no longer stand each other, or had a pleasant parting. While it's always best to try to get back your belongings amicably, in some cases, it might be necessary to take it a step further.

Can I call the police on my roommate?

Sure you can call the police to have someone removed from your rental property. Only the persons on the lease can legally stay. … Usually the police don't kick the doors down unless there is a threat to their personal safety. They need a warrant if they don't have permission to enter.