Rancho Cordova, CA asked in Landlord - Tenant for California

Q: Can the co-owner of a house, who is the stepdad of one of the tenants, move in uninvited & unannounced?

Our son and his best friend moved into his best friend's mom & stepdad's house on April 1, 2023. The mom & stepdad had recently moved to San Jose. While visiting his mom in San Jose, the stepdad was not there. No explanation was given. Upon returning to the house in Sac, our son and best friend found the stepdad had "moved in" to the 3rd bedroom. This was approximately 2 weeks after the young men had moved into the house! There is a duly signed rental agreement by all 4 parties. A week or so later, the mom told the young men that she was selling the house and then had prospects schedule/show up with less than 24 hr notice and not during normal business hours. My son decided to give his 30 day notice. We know there are several wrongs committed by the mom. Is it worth pursuing to obtain damages for moving in & out costs? Thank you.

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1 Lawyer Answer
James L. Arrasmith
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  • Landlord Tenant Lawyer
  • Sacramento, CA
  • Licensed in California

A: The rights and obligations of co-owners and tenants can vary depending on local laws and the terms of the rental agreement. Generally, a co-owner who is also a landlord should not enter a rental property uninvited and without notice, especially if there is a signed rental agreement in place. This is because tenants have a right to privacy and quiet enjoyment of the property they are renting.

If the stepdad, as a co-owner and landlord, entered the property without proper notice or permission, it could potentially be considered a violation of the tenants' rights. However, the specific legal recourse available to your son and his friend may depend on the laws of your jurisdiction and the terms of the rental agreement.

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