Legal Question in Landlord & Tenant Law in California

Mostly a rights question - I live in California, in an apartment complex. The security guards here are a little uppity, and go so far as to try to make my guests leave my apartment, trying to hold my door open, etc.

Now, not twenty guests - not a party. I was having a poker game with five people, two of whom were the residents of the apartment. Apparently the music was too loud. I turned it down. The other time was a similar gathering with maybe a few more people.

Either way, question: Do I violate my lease in some way if I don't kick my guests out? And does he have any actual authority, or is it just that he can call the police or file a report? Thanks!


Asked on 10/30/09, 6:52 pm

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

First, a security guard does not have the right to enter your apartment without prior notice, and/or in the case of an emergency involving damage to property or threat of harm to someone's person. The security guard has no greater rights than your landlord. Noise is not a basis for him to enter your apartment. Are you violating your lease by having guest - I doubt it. Ask the property management company to point you to where in your lease, or in rules and regulations you agreed to limit the number of people in your apartment. Noise is a separate issue - if you are being unreasonably noisy, then it is a "nuisance" and that can be a violation of your lease, as well as grounds to terminate your tenancy. The security guard, irrespective, cannot force people out of your apartment - that is essentially a forceable detainer, which is illegal. He can call the policy and file a report, and you may get a notice from your landlord, but that's about as far as he can go.

*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 11/04/09, 7:14 pm


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