Legal Question in Landlord & Tenant Law in California

I asked for gay roomie leaner

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

DO NOT WANT A STRAIGHT MALE IN

MY HOME 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?!!!!gross.


Asked on 12/12/08, 1:53 pm

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

Re: I asked for gay roomie leaner

What's going on is that you cannot discriminate on the basis of sexual orientation, so your ad for a gay roommate actually may be a HUD fair housing violation (in spite of Proposition 8, in California sexual orientation is a protected class of person). I'm not sure how aggressive I would be in confronting him on the issue. Instead, it appears he is on a month-to-month rental agreement (verbal). If he hasn't been there more than 12 months, give him a written 30 day notice to terminate his tenancy, and if he doesn't move at the end of 30 days, hire an attorney to file an unlawful detainer. The ad could get you into trouble as your eviction could appear to be retaliatory. Anytime you rent out rooms, you risk having some really interesting characters move in. If you are not willing to put up with some strange behavior, then you need to either rent only to people you know intimately, or don't rent out rooms.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 12/12/08, 2:38 pm


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