Rancho Cordova, CA asked in Criminal Law and Real Estate Law for California

Q: Can I bar entry to my roommate’s boyfriend and friends ?

My roommate is being evicted. We think that she might try to cause some trouble, i.e stealing our things, and stuff like that. Her boyfriend recently physically threatened our other roommate and so she is not comfortable with him around. I don’t want her to try and bring him and his friends around to intimidate us. Can we legally keep him and his friends from entering the house (by just saying something like we don’t consent to you being in here or something ?) she doesn’t have a key to get in so we would have to let her in whenever she comes back home. I know we have to let her in because she lives here but can we say no to her bf and friends ?

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1 Lawyer Answer
John T. Kontrabecki
John T. Kontrabecki
Answered
  • San Francisco, CA
  • Licensed in California

A: As a matter of real estate law, you have correctly assessed the situation. Your roommate has a legal right to enter the premises. He boy friend does not. If they do enter without permission they will commit a civil trespass. They may also commit a criminal trespass, especially if you tell them before hand that they are not welcome. Since one of your roommates was physically threatened, you may go to court and seek a restraining order baring the boyfriend from coming anywhere near the property. Unless you perceive this as a serious threat, I would recommend you de-esculate the conflict, figure out how to get your roommate out of the property and put this behind you.

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