Legal Question in Landlord & Tenant Law in California

How do I prove that the tenant is having overnight guess?? I'm the Landlord and in the lease agreement (ends in August 2013) it stated "No overnight Guess", but when I asked the tenant that if she had her boy friend over night, she said "no he left late night and he came back early morning", which I know she's not telling the truth and I know her boyfriend stayed the night over. my question is how do I prove it or how do I give them a notice to leave to since they broke the lease agreement. I simply want them out since they are making too much noise and it�s a hassle to deal with them.


Asked on 3/04/13, 1:08 pm

2 Answers from Attorneys

Edward McCutchan Sunderland | McCutchan, LLP

The way to prove improper overnight guests at the unit you have written about is simply to stake out the property and see if the boyfriend spends the night. I would have the above verified by you and another person.

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Answered on 3/04/13, 7:09 pm
Armen Tashjian Law Offices of Armen M. Tashjian

This is one of the most ridiculous questions that I've seen here. How can a landlord restrict tenant's freedom like that? If noise is your problem then complain about the noise. However with whom or what time the tenant associates or what guests she has over is no one's business. The restriction is not likely to be enforced by any judge. If anything, the tenant may have a case for harassment, breach of landlord's duty of covenant of quite use and enjoyment, constructive eviction and possible criminal stalking if tenant where to find out that someone is secretly monitoring her activities or monitoring her residence. She will be entitled to get a civil restraining and protective order against anyone engaged in such conduct. I would have no problem representing the tenant in a civil lawsuit against the landlord.

My advice, collect your rent and keep to yourself!

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Answered on 3/05/13, 8:10 am


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