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Can I file a restraining order if my roommate 1) threatens me to hurt my car 2) entered my room without my permission?

San Jose, CA |

on 12/16/2012 around 3 am, my roommate (who is a legal tenant) entered my room without my permission, even though I asked her to step outside my room she did not. she lost her temper and was talking very loud and threatens me to hurt my property, which really scared me. And ever since that I cannot trust her anymore, I have to lock my room whenever I'm not in the apartment. I don't want to move out since I found this apartment and I'm the primary tenant.

so my question is,

Can I still file a restraining order as of 12/30/2012 today? if not, what are my other options?

Attorney Answers 5


  1. Best answer

    A restraining order is issued if you can prove there is an imminent risk of harm. Waiting two weeks-plus to seek the order suggests the exigency might not be that serious.

    If other threats occur that show that the tempers are still flaring, you might be able to bring one after that happens.

    As to what alternatives you have, you can terminate her right to rent from you. You can also keep your door locked.

    I would suggest the best, first option is to try to work out the problem that led to the outburst. If that cannot happen, then new living arrangements will have to occur, and since you are the primary tenant, you presumably have the right to evict others in the house who rent from you.

    Good luck to you.

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  2. Ideally you want to evict your subtenant. A likely good cause to evict her is on the basis of nuisance, but you need proof that she has been threatening, so things like witness testimony or police reports. Call the police anytime she threatens you and demand a police report in order to build your case.

    Kevin King, Attorney at <a href="HTTP://ESSENTIALAW.COM">ESSENTIAL LAW SERVICES</a>. The information presented here is general in nature and is not intended and should not be construed as legal advice for a particular case. This post does not create any attorney-client relationship with the author of the question answered. For specific advice about your particular situation, consult with me or other qualified legal counsel.


  3. Both attorneys give correct answers. File a police report. I do understand that moving is a hassle, although it might be a good solution in this situation. If you're in fear for your safety,t hen yes, of course, file for a restraining order. Roommate situations can be difficult and I'm sorry that you're going through this. Restraining orders are for domestic violence. Today is a Sunday and only a judge on emergency call can issue them.

    Do you have renters' insurance? I'd suggest that you obtain it.

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  4. You can file an application for a restraining order, but a restraining order is not likely going to be granted if the threat is to your car (personal property) as opposed to bodily harm to you.

    Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This Avvo.com posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.


  5. Dont know what you mean by primary tenant. if the lease is in your name, you can give the roomate notice and evict her. If the lease is in both names, you can give LL notice and move. Rest orders usually order people to stay away from other people etc. How can the order require her to stay away if you live together. if you get an order that she stay out of your room, unless you have witnesses, it will be hard to enforce. talk to LL. if you want to stay, maye LL will give you both notice, and then agree to rent to you again.