Q: rented out room in my house to a couple, they are on/off relationship she is only one on lease does he have rights
she is the only one who has paid rent this year. he was snuck back into my house and now refuses to leave
A:
Under California law, if the couple is renting a room in your house and only the woman is on the lease, the man does not have the same rights as the woman who is the official tenant. However, the situation can become complicated depending on various factors.
Here are a few things to consider:
1. Subletting: If the woman on the lease has allowed the man to live in the rented room, he might be considered a subtenant. In this case, the woman would be considered his landlord, and you would have to deal with her directly.
2. Guests: If the man is merely a guest and not paying rent, the woman (as the tenant) has the right to allow him to stay. However, most leases have provisions regarding long-term guests.
3. Domestic partnership: If the man claims to be in a domestic partnership with the woman, he might assert rights similar to those of a tenant.
4. Eviction: If you want the man to leave, you may need to go through a formal eviction process. In California, you must provide proper notice before proceeding with the eviction.
Given the complexity of the situation, it is advisable to consult with a local landlord-tenant attorney who can provide guidance based on the specific details of your case. They can help you understand your rights and obligations as a landlord and guide you through the proper legal channels to resolve the issue.
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