Legal Question in Real Estate Law in California

two distinct roomate issues.

Hello, my issues stem from my roommate whom I have been living with for 3 years. She always makes demands on me , somtimes for things that make sense and other times for things that do not. Without going into too much detail, we have decided to part ways due to ''creative differences,'' and I have given my last months rent (which was month to month) The lease is under her name and she, but I have paid until the 30th. She has in turn demanded that my room be always immaculate (which I have done) and that my girlfrind never come over, and that I leave my room always unlocked so that she can show my room to stangers even when I am not here. I do not feel that this is fair and have expressed that to her, which she ignores. I than tell her that I will inconvienience myself in order to stay in the place for people to look, but I have to at 2:00. I do not mind people comming over to look at the place, but I want to at least be able to identify people if needs be. She has never specified a specific time, but instead wants it to stay open. I also have issues with her rule about the girlfriend comming over, and do not think she has grounds to forbid any guests from comming over that had not previously been forbidden. Am I wrong here?


Asked on 6/03/06, 7:23 am

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: two distinct roomate issues.

I think in the circumstances you describe your roommate would have the legal status (rights and duties) of a landlord, and you would be regarded as her tenant.

Applying the landlord-tenant law to your two issues, I would say you are entitled to reasonable prior notice of a prospective renter being shown your room, and that 24 hours was always reasonable, but sometimes less would be OK too. However, constant access is unreasonable.

On the 2nd issue, a tenant has a right to have guests of her choosing, and the landlord cannot screen them or deny certain ones access to the sublet premises.

Oh sure, the landlord would have a right to exclude guests who were known troublemakers or who were showing up to buy drugs, for example; but without some very good reason, a landlord cannot screen the tenant's visitors.

Having said all this, I would suggest taking a practical approach; you can't go to court and assert your rights in the few weeks remaining, and you want to avoid inciting a retaliation or other problem before you pull outta there. I'd observe these silly rules pending your final departure rather than challenge them - but keep your valuables safe.

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Answered on 6/03/06, 12:14 pm


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