San Francisco, CA asked in Landlord - Tenant for California

Q: can my mothers landlord tell her that her child cant come to her house? they dont live there,just visiting checking

they dont live there and they never told the child that they werent aloud there. there hasnt been any type of conflict. Only thing is that the child lived there for a little while until we were told that noone can stay thats not on the lease. but now there telling my mom that she will have to move if im there. i dont understand why i wouldnt be aloud to check on my mother and how they can tell her that. is that legal? Cause my mom is stressed out. she needs my help because she has 3rd degree burn on her foot. cant put shoe on or do her daily rountine. so ive been coming y during the day to help her out. theres nobody else but me that has the time to do it. What can i do?

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

A: Under California law, a landlord cannot unreasonably deny tenants the right to have guests, including family members, visit their home. This right is protected as long as the visitor does not violate the lease terms or stay long enough to be considered a tenant. Since you're only visiting to help your mother due to her medical condition and not living there permanently, this should be within your mother's rights as a tenant.

However, if your stay at your mother's place previously led to a situation where the landlord considered you living there without being on the lease, this might have raised concerns. It's essential to communicate with the landlord to clarify the situation. Explaining that you are only visiting to provide necessary care for your mother and not residing there might help resolve any misunderstandings.

If the landlord continues to insist on not allowing you to visit, your mother may want to seek advice from a legal aid organization or an attorney familiar with tenant rights in California. They can offer guidance on how to address this issue, ensuring that your mother can receive the care she needs without violating her lease agreement.

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