Roommate Harassment Laws in California

 

Living with a roommate can be a great way to share expenses and enjoy company, but when things turn toxic, the law may need to step in. In California, roommate harassment can be addressed through a Civil Harassment Restraining Order (CHRO), which offers legal protections even when the individuals involved are not family members or romantic partners. This article explores how California law approaches roommate harassment and how a CHRO can help.

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Types of Roommate Harassment

Harassment by a roommate can take many forms. The law defines harassment broadly to include:

• Verbal abuse or threats: Constant yelling, intimidation, or threats of violence.
• Physical violence or intimidation: Any unwanted physical contact or threatening gestures.
• Stalking: Repeatedly following, monitoring, or appearing uninvited.
• Sexual harassment: Unwanted sexual advances, lewd comments, or gestures.
• Invasion of privacy: Going through your belongings, recording you without consent, or monitoring your movements.
• Emotional or psychological abuse: Manipulation, gaslighting, or other forms of mental torment.

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How a CHRO Helps

A Civil Harassment Restraining Order is designed to protect individuals from harassment, stalking, and abuse by someone who is not closely related or a former romantic partner. A CHRO can:

• Legally prohibit the harasser from contacting you or coming near you.
• Restrict them from being in your home or workplace.
• Require them to stay a certain distance away from you.
• Offer peace of mind through enforceable boundaries.

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Does a Roommate Have to Move Out?

A CHRO can include a “stay-away” order that may require the harassing roommate to move out, especially if the court deems it necessary for your safety. However, the court considers:

• Who’s on the lease
• The nature of the harassment
• Available alternative housing options for both parties

Courts generally prioritize safety over lease agreements in these cases, though the specifics may vary.

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What If My Roommate Is the Landlord?

When the harasser is also your landlord (such as in a shared housing or in-law unit situation), the issue becomes more complex. A CHRO can still be issued, but you may also want to explore:

• Tenant protections under California housing laws
• Filing a complaint with local housing authorities
• Seeking legal counsel to navigate potential eviction or retaliation concerns

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How to Get a CHRO

1. Fill Out the Forms: You’ll need to complete Form CH-100 (Request for Civil Harassment Restraining Orders) and related forms.
2. File With the Court: Submit the forms to your local California Superior Court.
3. Get a Temporary Restraining Order (TRO): If approved, this offers immediate protection until the hearing.
4. Serve the Papers: The harasser must be officially notified (not by you).
5. Attend the Hearing: A judge will review the evidence and decide whether to grant a longer-term restraining order.

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Limitations of a CHRO

While powerful, a CHRO has limitations:

• It doesn’t guarantee the harasser will comply.
• Enforcement depends on police availability and willingness.
• It doesn’t directly resolve housing or lease disputes.
• It may take time and emotional energy to pursue.

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Common Questions About Roommate Harassment and CHROs

1. Can I get a CHRO if my roommate hasn’t physically hurt me?

Yes. Harassment includes threats, stalking, and emotional abuse—not just physical violence.

2. What if we both are on the lease?

The court may still order the harassing roommate to stay away or even move out, especially if your safety is at risk.

3. Do I need a lawyer to get a CHRO?

Not necessarily, but legal help can make the process easier. Free legal aid is often available.

4. What if the harassment is subtle or hard to prove?

Keep a detailed log of incidents, save texts/emails, and gather any witness statements. These can help establish a pattern.

5. Can I break my lease if I’m being harassed?

Possibly. California law may allow lease termination in cases involving harassment or unsafe living conditions. Check your local tenant rights.

6. Will the restraining order affect the harasser’s record?

Yes. A CHRO is a court order and can appear on background checks.

7. Can I get a CHRO if my roommate is emotionally abusive but not violent?

Yes. Emotional abuse can qualify as harassment if it causes substantial emotional distress.

8. How long does a CHRO last?

If granted, it can last up to five years. You can request an extension before it expires.

9. Can I call the police if my roommate violates the CHRO?

Absolutely. Violating a CHRO is a criminal offense and should be reported.

10. What if I feel unsafe during the court process?

You can request a temporary restraining order for immediate protection, and court staff can assist with safety planning.

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Conclusion

Roommate harassment is more common than many realize, and it can deeply affect your sense of safety and well-being. California law provides pathways like the Civil Harassment Restraining Order to help you take back control. Knowing your rights—and the steps to enforce them—can make all the difference.