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  1. #1
    Join Date
    Sep 2012
    Posts
    1

    Default Tenant is Renting a Room, Landlord Hangs Out in Common Areas

    My question involves landlord-tenant law in the State of: California

    My agreement to rent specifically states, under the section of "Premises", that the tenant is "Subject to the terms and conditions below, Owner rents to Tenant and Tenant rents from Owner, for residential purposes only, the premises known as Bedroom #__, located at..."

    Further, the agreement to rent states, under the section of "Access for Inspection and Emergency", that the "Tenant agrees that Owner may enter the premises in the event of an emergency, or to make repairs or improvements, supply agreed services, or exhibit the premises to prospective purchasers or tenants. Except in the case of emergency, Owner shall give Tenant reasonable notice of intent to enter. In order to facilitate Owner's right to access, Tenant shall not without Owner's prior written consent, alter or re-key any locks to the premises. At all times Owner shall be provided with a key or keys capable of unlocking all such locks and gaining entry."

    My landlord owns the home, and according to the agreement, I only rent the bedroom. The landlord does not live in the house, and there are two others that rent here as well (3 bedroom house). According to the tenant laws of CA, I do not fall under the "lodger" definition since the owner does not live in the house with me.

    Herein lies the confusion. The landlord will enter the house without any notice multiple times a week to fix things, but then hang around for multiple hours after she is done. The agreement states that only the bedroom is rented, but my question is that since she does not live here, is this legal in California? I do not want to approach her without having firm evidence to the contrary.

  2. #2
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Tenant Living in House with Others, Not Occupied by Landlord, but Limited to Room

    It is legal for her to hang out in the common areas. If you don't want her there, call the landlord and ask her to remove herself.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Tenant is Renting a Room, Landlord Hangs Out in Common Areas

    If you're renting a room and shared access to the common areas, that's what you're renting. If the landlord does not improperly enter your room but remains in the common areas, then there's nothing per se wrong with what the landlord is doing.

    What is the landlord doing, during the hours of hanging out?

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