Legal Question in Landlord & Tenant Law in California

I rent out a spare room in my home (it is not a houseshare). My first mistake was not having a contract but we did go over very specific details because I operate a Day Care from my home so certain rules and regulations need to be kept. This was part of the original CraigsList ad that she had answered. One of these was not having over-night guests because adults in my home must be fingerprinted and have a current TB test. I have since given the tenant a 30-day notice to vacate (she has only lived here for 6 months) and she is now bringing in random people to spend the night. Is there anything that I can do about this? Though I do not have a written contract, I do have emails between the two of us that state this very clearly and prior to this, she had sent an email to request that her Mom be able to stay over-night to visit and I responded that I was making an exception to the no over-night rule. I live in Californa. Thank you.

Asked on 3/01/14, 9:35 am

2 Answers from Attorneys

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You can call the police and have anyone she brings over removed for trespassing. Have printed copies of the CL ad if you can, and any other proof of the rule. She has no legal right to bring people into your home who jeopardize your license, and they are trespassing. Tell her you are going to do this and set a reasonable curfew time for them to leave or the police will be called.

Answered on 3/01/14, 11:29 am

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