Legal Question in Landlord & Tenant Law in California

Renter/ Tenant

I got busted letting my boyfriend live with me, he is not on the lease. He then moved out of the apartment when we were caught but then the manager decided she no longer wanted him on the premises AT ALL. 1st, can she legally ban him? I let him go to my house while I was at work and she called the police and gave me a 30-day notice because ''I wasnt supposed to give him a key to my apartment''... what can I do? Am I not allowed to let my boyfriend come over unless I am home?


Asked on 11/24/08, 9:42 pm

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

Re: Renter/ Tenant

Well, regardless of whether your landlord is right or not, if you don't have a term lease (if you have a month-to-month lease) then they can terminate your tenancy on 30 days notice (60 days if you have lived there more than 1 year) without any reason whatsoever. You may try to fight the eviction as retaliatory, but to be honest, you admit that you broke the lease, so I'm not sure you have a great case for retaliatory eviction. As for your boyfriend being there when you are not, I can understand the landlord's position - you violated her trust by letting him live there without being approved, and so what's the difference if you give him unfettered access to your apartment. She probably isn't correct that he cannot be there when you are not (as a guest) but again, you need to understand where she is coming from on this. I'd suggest that unless you want to hire an attorney to fight the eviction, its time to move on and find a new place to live.

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Answered on 11/25/08, 1:20 pm


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