Legal Question in Real Estate Law in California

Would it be considered consent if I am being charged for CA 602.5 by the owner of the house, and the daughter(My girlfriend), a 23 year old, said it was ok for me to come over?


Asked on 4/15/12, 4:31 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

I assume you mean California Penal Code section 602.5. If the daughter is a lawful resident of the house, she has a right to invite guests into the house. It is certainly possible that under some set of facts, a visitor invited by a resident may overstay his welcome in the eyes of an owner. I cannot tell from the meager facts given in your question whether you have violated any criminal law (including PC 602.5), but ordinarily I would think not and I don't think most county prosecutors would be too interested in initiating and carrying out a prosecution. On the other hand, if the parents are trying to get rid of the daughter and she is inviting you, the boyfriend, to live with her (rather than visit occasionally and diring the daytime), I can see where a threat to prosecute might gain some traction.

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Answered on 4/15/12, 7:22 pm


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