Legal Question in Landlord & Tenant Law in California
We rent a room in a house leased by a pastor. We pay him $800.00 a month in rent. He threatens to kick us out if we don't go to his church. He also sent deacons over in the middle of the night to search our room. They claimed to have been watching the house and since my husband left a few times they said we were doing drugs. My husband felt threatened because he wouldn't let them search our room. We didn't let them in our room because both babies were sleeping. We both came out in the hallway and we were not on anything.
Can he kick us out because we don't go to church?
Can he send his people to search our room?
1 Answer from Attorneys
The practical answer is that you should find a new place to live, and move. Unless it was contained in your lease, they cannot force you to attend his church. Even if it is in the lease, I think that you may have a strong argument that a covenant such as that is not enforceable. As for people searching your room, the answer is no. If you are leasing a specific room from the pastor, then you have the exclusive right to occupy that room. Just like any other landlord - whether it is a house or apartment, the landlord (his "people" have to abide by the same rules as he does) must give reasonable notice if he needs to enter your room, except in the event of an emergency requiring immediate access (broken pipe, fire, electrical problems, etc...).
Again, I have to suggest that your situation is not going to improve by asserting your rights with this person. Clearly he has his own agenda, and I would strongly suggest that you find a new place to live soon, and move after giving the pastor proper notice.
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