Legal Question in Landlord & Tenant Law in California

My girlfriend and her mother live together. Both of their names are on the lease to their house. I come see my girlfriend at her house everyday. We keep to ourselves. Her mother and I do not get along. She tries to kick me out of the house and threatens to call the police to have me removed. If she called the police could she legally have me removed from the home if I was invited by my girlfriend, since her name is on the lease too and Im occupying her space? If her mother assaulted me in her home could I have her arrested? And if she assaulted me, even in her own home, could I defend myself against her with mace? What would be the consequences for an assault charge in this situation? Thanks


Asked on 10/12/11, 8:31 pm

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

They have an equal interest in the rental and either one can invite whomever they want over. If your girlfriend is under 18, her mother still has some control over her. But you are making her choose you or her mother; meet some where else and do not drive a wedge between the two of them.

If you are legally on the premises are are assaulted the mother is subject to arrest. You are allowed to use a reasonable amount of force to protect yourself at the time of a physical threat, but that also includes retreating if you can do so safely. But who do you think the police will believe, a mature woman or a young person? If you really respect and like your girlfriend, avoid confrontations wilt her mother, who probably is the one paying the rent so can just move and kick her daughter out.

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Answered on 10/12/11, 10:05 pm


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