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  1. #1
    Join Date
    Jul 2017
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    4

    Default Can a Roommate Ban Your Boyfriend from Visiting the Apartment

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

    I'm a nutshell, my girlfriend and her roommate haven't been getting along recently (they are both co-tenants). One reason would be because my girlfriend's roommate isn't comfortable with me being over (claims she has conservative views and is therefore uncomfortable with guys over). I understand that California has tenants rights: in California a law gives tenants the right to quiet enjoyment of their property so long as they are not violating local laws or the lease, and if I'm correct this extends to the roommate (correct me otherwise).

    So basically my questions are: can my girlfriend's roommate legally prevent me visiting on a day to day basis (I would not be staying overnight) give her being uncomfortable with me there or is that not enough to prevent me from going over?
    How limited am I in terms of quiet enjoyment? What can I or can't I do?

    For the most part I stay in my girlfriend's room except for cooking my girlfriend and I do together. Also, the roommate lives in the living room which has no walls separating it from the kitchen, does this change anything?

    From what I know the lease only specifies restrictions for guests staying overnight for more than 3 days.

  2. #2
    Join Date
    Oct 2006
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    16,474

    Default Re: Can Girlfriend's Roommate Prohibit Visits

    Quote Quoting Natews
    View Post
    My question involves landlord-tenant law in the State of: California.

    I'm a nutshell, my girlfriend and her roommate haven't been getting along recently (they are both co-tenants). One reason would be because my girlfriend's roommate isn't comfortable with me being over (claims she has conservative views and is therefore uncomfortable with guys over). I understand that California has tenants rights: in California a law gives tenants the right to quiet enjoyment of their property so long as they are not violating local laws or the lease, and if I'm correct this extends to the roommate (correct me otherwise).

    So basically my questions are: can my girlfriend's roommate legally prevent me visiting on a day to day basis (I would not be staying overnight) give her being uncomfortable with me there or is that not enough to prevent me from going over?
    How limited am I in terms of quiet enjoyment? What can I or can't I do?

    For the most part I stay in my girlfriend's room except for cooking my girlfriend and I do together. Also, the roommate lives in the living room which has no walls separating it from the kitchen, does this change anything?

    From what I know the lease only specifies restrictions for guests staying overnight for more than 3 days.
    Since the roommate has no privacy, I can understand why she is uncomfortable. Perhaps your girlfriend should offer her the bedroom and live in the living room herself?

  3. #3
    Join Date
    Nov 2013
    Posts
    672

    Default Re: Can Girlfriend's Roommate Prohibit Visits

    Do they have a room-mate agreement? What does the lease say about guests? How long does the lease have to run, or is it month to month? If the room-mate is uncomfortable, why don't you go out or to YOUR place? I wouldn't want somebody's boyfriend constantly underfoot, either. llworking has offered a good beginning compromise, maybe that would be enough. But for me, I would probably feel I'd agreed to one room-mate, not 2.

  4. #4
    Join Date
    Dec 2012
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    1,026

    Default Re: Can Girlfriend's Roommate Prohibit Visits

    "How limited am I in terms of quiet enjoyment?"

    As in most cases, you haven't a clue what quiet enjoyment in a lease really means.

    Your girlfriend and her roommate need to work out a reasonable schedule when guests can come over. This DOESN'T mean you get to visit every day. Keep doing that and at some point the landlord is going start complaining the place now has three people living there. The suggestion regarding the room switching is a good one along with the idea that you visit at YOUR place.

    Gail

  5. #5
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    Nov 2013
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    7,056

    Default Re: Can a Roommate Ban Your Boyfriend from Visiting the Apartment

    Quote Quoting Natews
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    (claims she has conservative views and is therefore uncomfortable with guys over.
    That is pure BS. Tell her you are a transgender and your girlfriend is gay.

    You are not staying overnight so the landlord has nothing to say about it.

    The roomies should try to work it out . It is really not your problem.

  6. #6
    Join Date
    Mar 2013
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    18,340

    Default Re: Can a Roommate Ban Your Boyfriend from Visiting the Apartment

    Quote Quoting Natews
    View Post

    How limited am I in terms of quiet enjoyment? What can I or can't I do?
    Your girlfriend already doesn't get along with the roommate and you are putting fuel on that fire by hanging out there every day.

    Are you ready to pay half the rent when the roommate moves out and leaves your girlfriend holding the bag?

    Instead of talking "law" how about using some common sense? Or don't you have any?

  7. #7
    Join Date
    Jul 2017
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    4

    Default Re: Can a Roommate Ban Your Boyfriend from Visiting the Apartment

    Sorry to clarify:
    there is no physical roommate agreement between them, and nothing prior to moving in regarding guests. For switching rooms, my girlfriend pays 300 more a month for the privacy of the single room and the roommate wouldn't want to pay such a high price if they were to switch. It seems I implied I'm there every day, which I'm only there around 3-4 days out of the week for a few hours a time (not sure if this changes your thought). And I understand not fueling the fire but my girlfriend has been emotionally unstable and I'd just like to be there to comfort her. I guess another question is:

    The roommate has threatened to call the police or landlord on me, does she have a cause to do so?

  8. #8
    Join Date
    Dec 2012
    Posts
    1,026

    Default Re: Can a Roommate Ban Your Boyfriend from Visiting the Apartment

    Pretty much anyone can call the police. They will do nothing citing this as a civil, not criminal matter.

    As for calling the landlord over this matter...enough calls and the landlord is either going to ignore this or (if your girlfriend and her roommate have a month to month lease) simply terminate their lease with the appropriate notice and be done with what is going on here.

    Again; both your girlfriend and her roommate are (hopefully) considered to be adults. You too. Work something out regarding this matter.

    Gail

  9. #9
    Join Date
    Jul 2017
    Posts
    4

    Default Re: Can a Roommate Ban Your Boyfriend from Visiting the Apartment

    Quote Quoting gail in georgia
    View Post
    Pretty much anyone can call the police. They will do nothing citing this as a civil, not criminal matter.

    As for calling the landlord over this matter...enough calls and the landlord is either going to ignore this or (if your girlfriend and her roommate have a month to month lease) simply terminate their lease with the appropriate notice and be done with what is going on here.

    Again; both your girlfriend and her roommate are (hopefully) considered to be adults. You too. Work something out regarding this matter.

    Gail
    Sorry for so many questions, but what would happen in an instance of a civil matter?

  10. #10
    Join Date
    Nov 2013
    Posts
    7,056

    Default Re: Can a Roommate Ban Your Boyfriend from Visiting the Apartment

    I don't understand where there is even a civil matter. You are not spending the nights and you are allowed to visit your girlfriend. Just because the roommate is somewhat of a nut job doesn't mean that there is any civil matter. No one is in violation of any agreement or lease.

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