Legal Question in Civil Litigation in California

I share a small rented house with one other person, a woman. We split the rent equally, in case that matters. We've been renting the house for about seven years. About three years ago she acquired a boyfriend who, over the last year or so, as been coming over to our house quite a lot (3 to 5 times a week) and stays the night in her room.

I've discussed with her that this is far too often an intrusion, especially since he has his own apartment that he shares with no one---and would therefore be a bother to no one if she visited him there. I've maintained that I don't want a de facto "third housemate", which is how I see 3-to-5 night a week overnight visitor. My housemate believes that she has some right to have him over as often as she wants. It's been a source of great friction lately. I've requested she move out and find a more private residence if she wants to entertain the guy that often, but she's so far refused.

Bottom line: Do I have any sort of power to disallow this non-resident person (the boyfriend) from entering my home? Not that I'd necessarily want to bar him entirely; I'd just like to know if I have any legal control over who enters my home and how often?

Thanks

Patrick


Asked on 7/21/10, 2:13 pm

2 Answers from Attorneys

Start with a look at your lease. Most residential leases have occupancy restrictions. So you may be able to enforce them. Other than that, though, you are probably out of luck. You are technically co-tenants in a leasehold, which gives equal undivided rights of use of the premises. So your only option may be to move.

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Answered on 7/21/10, 5:31 pm
Anthony Roach Law Office of Anthony A. Roach

You could be really annoying, like clipping your toenails in the kitchen sink. Maybe that will get her to move or realize her true love for you and kick that other fellow out.

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Answered on 7/22/10, 11:26 am


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