Legal Question in Real Estate Law in California

I'm not sure if this is a civil or real estate matter.

In California, I am a female tenant (month to month) in a house with three men. One man just moved out. The landlord has rented a room (without notice) to a female nudist. I do not want to see a naked woman running around the house. The other man feels the same way.

Is the landlord allowed to create this uncomfortable siituation for me without notice? Do I have to give 30 days notice and just tolerate it? Can I force him to stop the nudist from being naked in the common area until I leave (in 30 days)?


Asked on 8/31/10, 6:32 am

2 Answers from Attorneys
George Shers Law Offices of Georges H. Shers

First check with the new tenant if she does plan on going about nude in the common areas. She may very well only enjoy being nude among those who appreciate such behavior.

The landlord does not have to give you notice of his renting the room out. You have no right to object unless perhaps the person presents a serious physical risk, so why would you have to get notice? There may be an issue as to whethere the nudist is violating any local laws and thus is the landlord allowing her to interfere with the peaceful and quiet enjoyment of the rental unit.You might be able to win on that issue; you would not have to give notice as it would be an constructive eviction..

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Answered on 9/05/10, 9:28 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

I generally agree with Mr. Shers' analysis. I would add that if you were in a longer-term arrangement, you might theoretically be able to bring and win a lawsuit based on private nuisance, but with a time horizon of only 30 days, this is totally impractical. Without more information rregarding the physical layout of the place, the arrangements with the landlord, etc. I cannot offer much more in the way of ideas.

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Answered on 9/06/10, 12:39 pm


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