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  1. #1
    Join Date
    Feb 2017
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    3

    Default Can a Landlord Impose Limits on Overnight Stays by a Tenant's Guests

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

    OK. So, I'll start off by saying that the landlord's have never give me a rental agreement to sign since moving in over a year and a half ago.... I've seen an older tenents agreement that they had given him and it mentioned no more than 3 nights for overnight guests. But like I said never one for me. So for the past 3 months my bf has been staying with me, pretty much every night, and about a week ago I found out he was cheating on me.

    Long story short. We have resolved out issues and are trying to move on and start over. Well the landlord comes to me tonight when I was downstairs and my bf was up in my room. And says that I can't have him there, AT ALL. Like I can't have him in the house, cause "they can't trust that kind of person in their house" and I just said that it was out of line and non of her business and it's never been a problem. . And it was left at that. She's saying she's looking out for my best interest and I'm blind to the kind of person he is. He has never once disrespected anyone in the house. He actually cleans more than anyone that lives here. And they have no reason to thinks he's an untrustworthy person.

    So I'm just wondering what my rights as a tenent are, and if they are really allowed to tell me that I can't have a certain person in the house when their reasoning behind it has no direct effect on them whatsoever.

  2. #2
    Join Date
    Oct 2006
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    16,474

    Default Re: Can a Landlord Impose Limits on Overnight Stays by a Tenant's Guests

    Are you prepared to be given notice to move out? One way or another they will get him out of their house if they do not want him there. They never agreed to have him as a roommate, they only agreed to have you.

  3. #3
    Join Date
    Nov 2013
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    672

    Default Re: Can a Landlord Impose Limits on Overnight Stays by a Tenant's Guests

    Are you renting a room, or a separate apartment? I'm not sure it ultimately matters, but if (the impression get) a room only, I would say it is certainly their business who is spending major amounts of time in their home. You might ask her what her specific concerns would be. But llworking is right, if they decide they want you out, you'll be gone. Prepare for that.

  4. #4
    Join Date
    Dec 2012
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    1,026

    Default Re: Can a Landlord Impose Limits on Overnight Stays by a Tenant's Guests

    It is one thing to have a guest stay over every so often. It is another to have someone stay over every night. That gives the impression that you have another person living with you which means more wear and tear on the rental unit.

    Keep in mind that because you do not have a lease it would be very easy for your landlord to terminate your residency and you would have to move out soon.

    Gail

  5. #5
    Join Date
    Feb 2017
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    3

    Default Re: Can a Landlord Impose Limits on Overnight Stays by a Tenant's Guests

    He moved back home Two Towns away and we are restarting a relationship from the beginning. But she is saying that I am flying to the kind of person he is and I don't see it that I'm not allowed to have in the house and she's just doing me a "favor". She literally said I can't have him in my room that I pay for for five minutes if I want to. Because he was able to lie to cheat on me then he must be this is horrible person. Every other roomate has a partners that stay every night as well. And it's not a problem to any of them. And I specifically told her when the talk stated that he took at his stuff home and that's how's things are staying for a while. And she just laughed and said that's fine , but he's not allowed in the house at all. My room. Driveway in my car, nothing. How can a landlord tell me, when I pay rent on the room, that I can't have a certain perosn over, cause he lied to me he must be untrustworthy.

  6. #6
    Join Date
    Mar 2013
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    18,340

    Default Re: Can a Landlord Impose Limits on Overnight Stays by a Tenant's Guests

    The "how" is explained by the "did."

    You're a tenant at will, not much more than a lodger in somebody's house (to be honest), with few rights as to what you can do in somebody's house, and subject to termination of tenancy at any time with proper notice.

    If you don't like her rules, you are free to give your notice and find another place to live. It's that simple.

  7. #7
    Join Date
    Feb 2017
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    3

    Default Re: Can a Landlord Impose Limits on Overnight Stays by a Tenant's Guests

    Here something else that should be taken into consideration. The landlord are not the owners of the house they are tenets as well renting from an actual owner and subletting the rooms out. but we don't know if the owner of the house is aware that the rooms are being sublet. So we've never actually met the real landlord and regardless of lease agreements or not since I receive mail there and have for over a year it is my place of residence and to be evicted would they not have to follow the eviction process according to California law?

  8. #8
    Join Date
    Nov 2013
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    672

    Default Re: Can a Landlord Impose Limits on Overnight Stays by a Tenant's Guests

    It is likely that "she" is YOUR landlord. And yes, she would have to evict you. Which would then be on your record.

  9. #9
    Join Date
    Oct 2006
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    16,474

    Default Re: Can a Landlord Impose Limits on Overnight Stays by a Tenant's Guests

    Quote Quoting Catmad
    View Post
    It is likely that "she" is YOUR landlord. And yes, she would have to evict you. Which would then be on your record.
    No, an eviction is not needed, or would not be needed unless the tenant is stubborn and refuses to accept a termination of their tenancy. There is no lease, all the landlord (in this instance the person subletting rooms) would have to do is give her notice to move out.

  10. #10
    Join Date
    Nov 2013
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    672

    Default Re: Can a Landlord Impose Limits on Overnight Stays by a Tenant's Guests

    Okay. Sounded to me as if she wasn't willing to move out, as she questioned whether "to be evicted would they not have to follow the eviction process according to California law?"

    Guess I misunderstood.

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