Campbell, CA asked in Landlord - Tenant for California

Q: I live with my tenants. One of them gave his girlfriend a key and access code to the house. Can I say no?

I own and live in the property that I'm renting to tenants. One of the tenants gave his key and the front door access code to his girlfriend so she comes and goes as she pleases throughout the day (regardless of whether the tenant is actually home). Is she still considered a "guest" or has she become another "tenant?" Am I legally justified to demand my tenant to not allow his girlfriend over unless he is actually home? If he doesn't comply, can I evict him? In the lease, it only says "please know the difference between a guest and a second tenant." Thanks.

Related Topics:
1 Lawyer Answer

Ali Shahrestani, Esq.

PREMIUM
Answered
  • San Francisco, CA
  • Licensed in California

A: If you didn't make a proper lease contract with your tenants, that may have complicated the issue. Next time, consult with an attorney to help you draft a thorough lease to help avoid such problems. If he's provided a key to his guest who is generally living in the home, you may be able to ask him to stop depending on the facts and the content of your lease. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AliEsq.com. I practice law in CA, NY, MA, WA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.