I am renting a 2 bedroom unit out of a residential home. My unit is attached to the home with my own separate entrace, with my own restroom and kitchen. I do not have guests over on a regular basis.i do very very seldomly. My ex-roommate (whom just moved out 2 months ago and whose name was on the original lease) came to visit for the weekend with her daugther, and I think that the owner will complain about it. When she use to live there he complained saying she was too loud and had too many quest over. As we were leaving this morning, I saw him and he a strange and disappointed expression on his face. My mother said that if he does not want her and her child there sleeping he may evict me. I have studied real estate law and it is not aganist the law to have quest over as long as they don't live there and are not there for a certain amount of time. Also I believe that is discriminatory if he complains that she has a child. By law can he evict me for this reason?
2007-08-24 10:38:11 · 10 answers · asked by lalagirly 4 in Business & Finance ➔ Renting & Real Estate
Also, his grandchildren visit for the weekend plenty of times. I know that he is the owner of the home, but since I pay rent monthly and paid my first and last months rent I am entitled to my tenant rights under California Law. I don't think that he is aware of the law and thinks that he can just tell me what ever he wants.
2007-08-24 10:45:27 · update #1
She was not evicted she moved out voluntarily because she did not want to live there anymore.
2007-08-24 10:46:55 · update #2
To be honest my name is not on the lease but I was present at the time of move-in and my first and last was given and the rent is paid monthly. Also he has given me rental receipts and I do have checks written to him paying my rent.
2007-08-24 10:54:43 · update #3
ALSO HE NEVER GAVE ME A COPY OF THE RENTAL AGREEMENT. How can I know if its there or not? I am just assuming that he has a standard agreement written by California Real Estate Law. I will go to him this weekend requesting a copy of the agreement. Also, I did not mention that I he has entered the unit without me being there or notice. Who knows how often he does that? He may think that is his right because he owns the home.
2007-08-24 11:08:05 · update #4
No he cannont evict you for having guest. However, if he gives you written complaints regarding your guest and noise, then he can however say you were disturbing the peace. Regardless of where you live, a lease cannot supercede the state law. If you have receipts, etc. that prove you are a tenant he MUST abide by state law. I doubt very seriously that you can be evicted on the grounds of having civilized guests over from time to time.
Also, before you can be evicted he must first give you written notice to correct the problems.
2007-08-24 13:02:06 · answer #1 · answered by glendaokoeguale 3 · 0⤊ 0⤋
No he can't tell you that you can't have people over. As long as they are not staying there permanetly. My friend had a problem when a cousin was going to live with them for a long time and got kicked. (However, on the contract it says that only 3 people can stay which the cousin was the fourth.) They got kicked out. However, the landlord can only evict you if it says something in your contract about having a limited people and you can't evict for people comming over for only short periods of time. So your safe and if you tell the landlord he/she would be upset becuase they obviously don't want the extra people. You can do a compromise so no sues happen or just ignore the person because your legally in the clear. You can't get evicted for that unless it is somewhere on the lease.
2007-08-24 10:51:45 · answer #2 · answered by hi123456789 3 · 0⤊ 0⤋
Don't quote me on this, but since there is no lease with your signature on it, he could evict you at any time. But for your side since there is no lease you have no idea what his restrictions are. Since your ex-roommate has a daughter he should be use to a child being there and not have a problem. Perhaps you should ask him what he expects from you and have it in writing. There are rentals that don't allow over a certain amount of guest and also some that are adult only-no children. Normally it is specified in the lease agreement.
2007-08-24 10:47:42 · answer #3 · answered by Anonymous · 2⤊ 0⤋
No the landlord cannot evict you for the reasons mentioned,but if you (the guests or the children) are making unreasonable noise,or causing an unsafe condition (over crowding,unsanitary conditions,etc.) or the lease has a clause in it about visitors length of stay,he may have some legal recourse.Of course he will be watching for anything that he can use against you that violates your agreement,better look for a new place.
2007-08-24 10:51:12 · answer #4 · answered by ? 5 · 1⤊ 0⤋
He cannot evict you for having guests or kids
Kids are a protected class in the US and cannot be discriminated against.
The only violation on most leases (at least the ones we use) states that you cannot have a guest for more that 5 consecutive days in a month or they look like another tenant.
2007-08-24 10:47:50 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Check your contract. If you don't have one feel free to ask the landlord if there is a problem the next time you see that funny look on his face. I live in an apartment and we can have guests for up to 3 days. The best thing is for you to communicate with your landlord. If he complains to you accept it in a possitive way....Thanks for letting me know how you feel. If there is a contract let him know you didn't see guests mentioned in it. If there isn't a contract ask him if there are any other things you should know about. Let him know you want to be a good tennant. That way he will probably leave you alone, knowing you want to work with him. good luck. P. S. if you pay your rent a bit early he will really appreciate you as a tennant!
2007-08-24 10:57:09 · answer #6 · answered by Anonymous · 1⤊ 0⤋
Totally depends on your rental contract .
What does it say ?
If guests are noisy , that is a violation of another ordinance not related to guests .
Also , if you contract is month to month , you can be evicted with a 30 day notice for any reason .
It all boils down to whats in writing . . .
Is it a lease ? a month to month ?
What are the restrictions stated in the contract ?
Verbals are meaningless , what is in writing ?
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2007-08-24 10:58:24 · answer #7 · answered by kate 7 · 0⤊ 0⤋
I believe it depends on the lease. If it doesn't specifically say you can't have guests, your landlord has no authority to evict you.
2007-08-24 10:51:35 · answer #8 · answered by Bob 2 · 0⤊ 0⤋
He can if she moves in, but one or 2 days is not moving in.
Her child affords her no special privileges, and is not relevant.
If he evicted her he can have her arrested for trespassing, but only if there was a forcable eviction.
2007-08-24 10:44:11 · answer #9 · answered by Anonymous · 2⤊ 0⤋
What does your lease say? He can't just make up the rules as you go along.
2007-08-24 10:47:23 · answer #10 · answered by Michelle 4 · 1⤊ 0⤋