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.

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1 Lawyer Answer
Ali Shahrestani, Esq.
Ali Shahrestani, Esq.
  • Brooklyn, NY
  • 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, 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.

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