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  1. #1
    Join Date
    May 2016
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    2

    Default Can a Roommate, Not on the Lease, Move Back In After Voluntarily Moving Out

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

    One of my roommates (currently there are a total of 4 of us) got married and her wife was never added to the lease. At first we thought because she was married, there was no legal issues with her staying in our apartment. Soon as we discover this Woman is not right at all in the head and has some serious problems with health and mental health (seizures, going from 0 to a million for no reason, becoming aggressive for no reason, general anger and depression/anxiety issues) we tried to have her removed from the property by speaking with police officers, and they told us because of the amount of time she has been staying, she has earned squatters rights.

    We spoke with our landlords and they had told us their hands were tied but would reach out to legal to see if there is anything that could be done. They came back to us and informed us they would have to serve an eviction notice if we couldn't get her off the property. We notified her wife who is not able to be on the property due to some personal problems, and she asked us to wait before we mentioned it to her and let the roommate speak with her wife.

    She did, and was nice enough to leave on her own. Yet she found out we didn't want to add her to the lease so was being pissed off about leaving. It was an all burn or one person does.

    So to end this story with the question... Does she still have squatters rights to the property even though she isn't on the lease and left voluntarily? Can we be taken to court for such a short notice even though it was 4 roommates against an unauthorized/unwanted guest?

    Thank you in advance.

    EDIT: I should mention she still has belongings in the house, but are in the roommates room, not anywhere else.

  2. #2
    Join Date
    Jan 2013
    Posts
    372

    Default Re: Can a Roommate, Not on the Lease, Move Back In After Voluntarily Moving Out

    If she still has property in the home, why do you believe that she has moved? She may say she was visiting friends. If I understand you, both she and her spouse still live in the home although only one of them is on the lease. Does the current room mate plan to move out and join her wife?
    And why do you say that the current room mate is prevented by personal problems from residing in this home? Who is living in their room?

  3. #3
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Can a Roommate, Not on the Lease, Move Back In After Voluntarily Moving Out

    Squatters rights? Not even close. She has become a tenant and all actions against her must comply with state law. The landlord cannot evict her, at least so far based on anything you have stated.

    One against four is meaningless here. Either there is a right to terminate her tenancy or their isn't. Either way she must be dealt with as the law regarding tenants demands.

  4. #4
    Join Date
    May 2016
    Posts
    2

    Default Re: Can a Roommate, Not on the Lease, Move Back In After Voluntarily Moving Out

    Quote Quoting DaveM
    View Post
    If she still has property in the home, why do you believe that she has moved? She may say she was visiting friends. If I understand you, both she and her spouse still live in the home although only one of them is on the lease. Does the current room mate plan to move out and join her wife?
    And why do you say that the current room mate is prevented by personal problems from residing in this home? Who is living in their room?
    I believe she moved out because she has said she was going to, but of course hasn't gotten her stuff yet.

    She is not on the lease, on the wife is, but the wife doesn't want her anywhere near her or the apartment. I'm getting a restraining order on monday against this woman, it's gotten that bad.

    The wife is staying in the room but under California law, she isn't a resident just because they are married, she would have to be added to the lease and NONE of us want her living here.

    The current roommate plans on leaving her wife asap.

    She's not able to come home, simply put. Not going to divulge too many details on that front.

  5. #5
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Can a Roommate, Not on the Lease, Move Back In After Voluntarily Moving Out

    she doesnt have to be on the lease to be considered a resident of the premises. Residents can and often do gain rights equal to that of a tenant. You cannot simply lock out a tenant or resident.

    A resident of a property is simply any person that has met the definition of a resident. If she has been there for any length of time (and especially if it is greater than a month) and has obtained mail there, obtained a drivers license using that address, or anything else that shows it is considered her legal residence, you must evict her if she does not leave willingly.

    Be cautious in your attempt to obtain a restraining order. It has been known to backfire and actually cause the person granted the order to move from their own property.

    in addition, if this was considered the marital home, the wife can seek possession, at least temporarily, of the marital home causing the actual tenant to seek housing elsewhere. Given the wife is staying in the home and the actual tenant elsewhere currently, the wife can simply seek status quo remain until a court rules otherwise in the course of a legal separation or divorce.

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