Legal Question in Landlord & Tenant Law in California

I wanted a gay roomie

I own a house in LA County, CA. I

have a roommate (verbal contract) i

obtained through an ad i posted. I

requested a gay male or female

roommate. Well my so called gay

male roommate hit on my female

housekeeper by touching her hands

and telling her to kiss him after a

number of personal questions. Ok I

did not want to live straight maleE or

anyone that makes unwanted sexual

advances to anyone in my house. He

sleeps in the room next to me and

my GF. WHATS really going on?

!!!!How much notice do I have to

give him to move out! Under these

circumstances, do i have to at all?


Asked on 12/12/08, 2:06 pm

1 Answer from Attorneys
Robert Mccoy Law Office Of Robert McCoy

Re: I wanted a gay roomie

Unfortunately, under California law, a landlord may not discriminate against a tenant on the basis of sexual orientation. So, you cannot, under any circumstances evict the tenant because he is or is not gay. You may, however, be able to evict him if the advances toward the housekeeper were uninvited. On these grounds, he could be evicted for committing the crime of battery and for sexual harrasment on the leased premises. But be prepared to have the housekeeper testify.

There is one small exception to the sexual orientation law; if your sincerely held religious beliefs require you to only lease to gays, then you would have a religious exception to the odious California law. But those convictions must be on religious grounds only, if those convictions are based on strong moral beliefs, forget it. The California Supreme Court, in its "wisdom", has made it unequivocally clear, that sincerely held, strong moral convictions are not enough, those convictions must be religious.

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Answered on 12/12/08, 5:54 pm


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