LE involvement in Roommate issues

[Question]

Note: I am only posting a hypothetical question. I have no problems with my roommates, but rather after reading the roommate drug thread, my mind started to wander on that issue.

1. I have a roommate who's girlfriend I somewhat don't like. They are making out on my couch. They refuse my repeated requests to stop making out on my couch. This really upsets me since its my couch, so I call the police. Are my roommate and his girlfriend obligated to move and will the police officer obligate them to move? Even if the police officer does tell them to move, will he or she be upset at me for "escalating" this situation?

2. Now, I have a roommate who's girlfriend I really don't like. She's highly disrespectful to me, which upsets me because I don't like being disrespected in my own place. Can I obligate her to leave or do I really have no recourse in this situation? What if now there is a third roommate who agrees with me. Does majority rule work? (considering that there is no explicit contractual right of majority rule on the lease) Is it safe to assume if I attempt to ban my roommate's girlfriend from my place (even without the proper legal right to do so) that my roommate would respond in kind by trying to not let my parents visit when they come in town?

3. Generally, are roommate issues classified as domestic calls? What if the issue is like the 2 questions described above considering violence is not involved? (and especially the 1st question because I believe the answer to question 2 is that LE can't do anything)

On a final note, I believe no roommate situation should ever get so toxic as to where one would have to call the police. Therefore, I believe due diligence in finding a roommate as well as proper considerate behavior on the part of the upsetted roommate is vital.

[JD45]

Note: I am only posting a hypothetical question. I have no problems with my roommates, but rather after reading the roommate drug thread, my mind started to wander on that issue.

1. I have a roommate who's girlfriend I somewhat don't like. They are making out on my couch. They refuse my repeated requests to stop making out on my couch. This really upsets me since its my couch, so I call the police. Are my roommate and his girlfriend obligated to move and will the police officer obligate them to move? Even if the police officer does tell them to move, will he or she be upset at me for "escalating" this situation?

2. Now, I have a roommate who's girlfriend I really don't like. She's highly disrespectful to me, which upsets me because I don't like being disrespected in my own place. Can I obligate her to leave or do I really have no recourse in this situation? What if now there is a third roommate who agrees with me. Does majority rule work? (considering that there is no explicit contractual right of majority rule on the lease) Is it safe to assume if I attempt to ban my roommate's girlfriend from my place (even without the proper legal right to do so) that my roommate would respond in kind by trying to not let my parents visit when they come in town?

3. Generally, are roommate issues classified as domestic calls? What if the issue is like the 2 questions described above considering violence is not involved? (and especially the 1st question because I believe the answer to question 2 is that LE can't do anything)

On a final note, I believe no roommate situation should ever get so toxic as to where one would have to call the police. Therefore, I believe due diligence in finding a roommate as well as proper considerate behavior on the part of the upsetted roommate is vital.

Thank god this is hypothetical..

1. As a PD, we don't respond to calls of someone making out on your couch and you don't like it. Civil matter, handle it civily.

2. We don't respond to calls of 'disrespect' either. Civil matter. In a much more legal sense, if your roomate has tennancy rights and it's his girlfriend, he has every right to have her there unless there is a restraining order preventing her from being there.

3. Roomates are not classified as a domestic call, unless it invlolves domestic partners, i.e. boyfriend/girlfriend. Previous boyfriend/girlfriend. Mother/Father of child.

I hope I'm not coming across like a smart ***. Just in my city we get soooooo many calls of "he's disrespecting me up in my home!". Too bad, so sad, kick him out then. Or stupid, stupid calls of a family argument over who is winning a game of monopoly... :mad: Your two scenarios sounded JUST like something we would get a call of... ;)

[Piggy]

Much of what your asking would fall under 'civil law' and not criminal law. The only way I would get involved in something like that is if there was an actual crime, such as the girlfriend knocked you out cold, or some other crime occurred. If someone is an invited guest by a party who has an interest in the property, such as name on a lease, she couldn't be arrested in our state for trespassing. She had permission to be there by someone who had the authority to give permission.

What we would try to do in that case is ask one party to leave voluntarily. If nobody wanted to leave, we would wait until the next problem came up and everyone would be arrested for disorderly.

[Valor55]

As long as your roommate has a legal right to be in the apartment he can invite in anybody he wants. He can't ban your parents and you can't ban his girlfriend. You both have a legal right to the residence and can have guests. You would be advised of this and that this is a civil matter and we can't make either one of you leave or have your guests leave.

[scott715us]

#1 - What they said.

#2 - Move out

[Question]

Hmmm this's interesting. The consensus for answer #2 is just as I expected, but I thought that the roommate with the couch would be able to claim theft regarding question #1. Of course, it would be a bad idea generally but I thought that claim would have legal merit for LE to intervene. What if I substituted the couch to my roommate using my TV? computer?

Where is my reasoning wrong on #1?

[tpd_six]

In my experience, in order to prove theft, you have to show they intended to deprive you permanently of your property. By you having the sofa in your apartment which you agreed to share with your roommate, it makes it a civil matter and you would legally not have any recourse. Same thing with a TV or computer. Even people who do not live together, once they voluntarily lend or give access to their property, can not file a theft complaint in most cases. I can imagine what you describe as being tremendously aggravating, and I would be looking for a new home/roommate.