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  1. #11
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    Default Re: Can a Landlord Impose Limits on Overnight Stays by a Tenant's Guests

    This isn't a lodger situation (which is differerent than a landlord tenant situation in california).

    landlord must give proper notice to terminate tenancy. If tenant does not leave within alloted time, landlord files an unlawful detainer action seeking a writ of possession and an order to evict the tenant. If tenant doesn't leave, landlord seeks to have the eviction order fulfilled by the sheriff where they will physically remove the tenant and the landlord can throw any remaining possessions out the door.

    So Matty9five1, do you want to make this simple or difficult? Either comply with the rules in place or face the consequences. You will ultimately lose because you are a tenant at will and have no legal right to remain in the room beyond the legally required notice of the termination of the tenancy.

  2. #12
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    Default Re: Can a Landlord Impose Limits on Overnight Stays by a Tenant's Guests

    Quote Quoting Matty9five1
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    So I'm just wondering what my rights as a tenant 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.
    Since this is the actual question, no, a landlord does not have the legal right to unreasonably interfere with a tenant's having guests visit the rental home. A landlord can impose reasonable restrictions in a lease -- such as requiring that a tenant have permission in advance before throwing a party -- but if there is no such restriction in the lease, then the landlord has no basis to impose it. It's not the landlord's business if you have a guest who is quietly staying in your room, and it's not your landlord's business whether a guest in your room is simply a friend or is somebody you are dating.

    But the question is, what are you going to do about it? If you are served with notice to quit and remain in residence, then the landlord files an eviction case, you can try to fight the eviction in court based upon your claim that the landlord's actual motivation for terminating your tenancy was that you had your boyfriend over after he was unreasonably banned. If you convince the court that the eviction is improper, I would not expect you to have a happy situation in your continuing tenancy.

    When you have an unreasonable landlord, more so when you're sharing the premises with your landlord, sometimes the most sensible thing to do is to move.

  3. #13
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    Default Re: Can a Landlord Impose Limits on Overnight Stays by a Tenant's Guests

    While the current issue is likely to be seen as unreasonable interference, the op admits to the boyfriend becoming an unauthorized occupant of
    the premises previously. Should the boyfriend begin staying at the residence for extended periods of time, evicting for that reason would not be unreasonable.

    Additonally, there is no need to have cause to terminate the tenancy. While op could try to fight the termination, and eviction if necessary, op would be fighting an uphill battle, at best. A court could grant the eviction simply due to the at will rights of the landlord and ignore the arguments made by the op that the eviction was retaliatory for exercising her lawful rights.

    As suggested, sometimes it's just better to quit while you're ahead.

  4. #14
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    Default Re: Can a Landlord Impose Limits on Overnight Stays by a Tenant's Guests

    Quote Quoting jk
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    While the current issue is likely to be seen as unreasonable interference, the op admits to the boyfriend becoming an unauthorized occupant of
    the premises previously.
    No, that's not what was said, but let's go with that -- where in the tenant's lease is there a provision that states that she cannot have a boyfriend be an occupant of her room? Where in her lease can she find any restrictions on her guests, or how long they can stay? Are you beginning to see the problem with your argument?
    Quote Quoting jk
    Additionally, there is no need to have cause to terminate the tenancy. While op could try to fight the termination, and eviction if necessary, op would be fighting an uphill battle, at best.
    That will depend upon what evidence the OP has as to the grounds for eviction. But obviously, it's not a given that the OP would be able to prove her claims.
    Quote Quoting jk
    A court could grant the eviction simply due to the at will rights of the landlord and ignore the arguments made by the op that the eviction was retaliatory for exercising her lawful rights.
    If the court finds that it was an unlawful eviction, premises upon the landlord's unlawful interference with the tenant's rights and the tenant's refusing to go along with the landlord's demands, the court is not going to declare the eviction to be unlawful and then grant it anyway.

  5. #15
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    Default Re: Can a Landlord Impose Limits on Overnight Stays by a Tenant's Guests

    Quote Quoting jk
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    . A court could grant the eviction simply due to the at will rights of the landlord and ignore the arguments made by the op that the eviction was retaliatory for exercising her lawful rights.
    Nope.

    One such recognized defense is a plea that an unlawful detainer action amounts to a "retaliatory eviction." It is settled that a landlord may be precluded from evicting a tenant in retaliation for certain kinds of lawful activities of the tenant. As a landlord has no right to possession when he seeks it for such an invalid reason, a tenant may raise the defense of retaliatory eviction in an unlawful detainer proceeding. (Schweiger v. Superior Court (1970) 3 Cal.3d 507 [90 Cal. Rptr. 729, 476 P.2d 97]; see also Abstract Investment Co. v. Hutchinson (1962) 204 Cal. App.2d 242 [22 Cal. Rptr. 309].)

  6. #16
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    Default Re: Can a Landlord Impose Limits on Overnight Stays by a Tenant's Guests

    Quote Quoting budwad
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    Nope.
    ok, let's go with your argument. Based upon that I can rent a room in my name only and then move in 47 unrelated people and landlord would have no right to terminate the tenancy. Wow. California become a great state.

  7. #17
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    Default Re: Can a Landlord Impose Limits on Overnight Stays by a Tenant's Guests

    Quote Quoting jk
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    ok, let's go with your argument. Based upon that I can rent a room in my name only and then move in 47 unrelated people and landlord would have no right to terminate the tenancy. Wow. California become a great state.
    I do not think that is what is being said. MR KIA said it best:

    But the question is, what are you going to do about it? If you are served with notice to quit and remain in residence, then the landlord files an eviction case, you can try to fight the eviction in court based upon your claim that the landlord's actual motivation for terminating your tenancy was that you had your boyfriend over after he was unreasonably banned. If you convince the court that the eviction is improper, I would not expect you to have a happy situation in your continuing tenancy.
    He is not saying that the OP would win the case, just that if the OP could convince the judge that the termination was improper (and that would be a serious stretch in my opinion, with a month to month, oral tenancy) that it would not be pleasant living in the home after that.

  8. #18
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    Default Re: Can a Landlord Impose Limits on Overnight Stays by a Tenant's Guests

    If you take into consideration of what Mr. K posted, that the landlord can't interfere with lawful use of the unit that doesn't violate the terms of the lease, the tenant can use the defense of "retaliatory eviction."

    I don't think that moving 47 people applies. But a boyfriend is not 47 unrelated people.

  9. #19
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    Default Re: Can a Landlord Impose Limits on Overnight Stays by a Tenant's Guests

    Quote Quoting budwad
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    If you take into consideration of what Mr. K posted, that the landlord can't interfere with lawful use of the unit that doesn't violate the terms of the lease, the tenant can use the defense of "retaliatory eviction."

    I don't think that moving 47 people applies. But a boyfriend is not 47 unrelated people.
    Yes, a boyfriend IS unrelated people. In the law, the relationship considered is familial. A boyfriend is no more a relative than I am.

    and why is one unauthorized resident ok but not 47? I don't believe the law requires some stated threshold to be surpassed before it is considered a violation of the lease.

    While 47 was used to make a point, the point is; a person not listed as or considered a resident at the time of engaing in the lease is not able to become a legal occupant (under a lease, which a rental agreement falls under as well) unless one of a couple things happen which none have in this instance. They are not legally related. They haven't become legally related. The landlord has not accepted a modification of the original agreement to allow a second occupant.

    That means the guy remains a guest and yes, a landlord can restrict how long guests can stay. Given this is a month to month tenancy, the landlord can change the terms each month if he desires.


    As I said; evicting now could be problematic but if the op returns to her old ways; nope. Not a problem.

    Quote Quoting llworking
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    I do not think that is what is being said. MR KIA said it best:



    He is not saying that the OP would win the case, just that if the OP could convince the judge that the termination was improper (and that would be a serious stretch in my opinion, with a month to month, oral tenancy) that it would not be pleasant living in the home after that.
    If the op convinces a judge the action is retaliatory, op wins. If the op doesn't win, op doesn't get to stay so mr k was speaking to the possibility where op might win.

  10. #20
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    Default Re: Can a Landlord Impose Limits on Overnight Stays by a Tenant's Guests

    If we want to posit that having 47 people move into your unit is the same thing as having a single person share your unit, or that if it's not unreasonable to have one person spend a night in your private room it's not unreasonable to have 47 people stay over, there's no point in trying to have a discussion, as the comparisons have no basis in reality.

    Unless you can point to a provision in the lease that limits the amount of time the boyfriend can stay, as you were previously told, there is no basis for the landlord to prevent the tenant from having him stay in her room. And... whoops... there's no lease.

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