Legal Question in Real Estate Law in California

Re: The good old roommate and boyfriend problem

Check your lease. It may have a provision that is on point. You may have to enlist the aid of the landlord to enforce it.

Re: The good old roommate and boyfriend problem

If there is nothing in the rental agreement covering guests and/or additional occupants, here are some general pointers based on broad legal principles:

1. There is one set of legal relationships and rules between the landlord and each roommate.

2. There is a second and independent set of relationships between the roommates.

3. The status of the boyfriend is probably that of a guest, although especially over time he may gain the status of a sub-tenant.

4. You can't "kick out" a roommate that doesn't want to leave. At minimum, you would have to do a legal eviction process, and it's doubtful anyone other than the landlord has the right to do that.

5. In general, any co-tenant can have guests. The right to have guests is limited, however, by any (reasonable) limitation contained in your rental agreement and by any agreement (written, oral or based on mutual understandings) between the roommates.

I suggest that since your rental agreement is month-to-month, the roommates who object to the boyfriend should ask the landlord to give a 30-day notice that the rental agreement will be revised to limit overnight guests to (for example) one night per week, or perhaps three nights per month.

You probably should tell this couple of this plan in advance, and see how they handle it. Perhaps they will decide to get a place of their own.

If, through time and not having his own place, the boyfriend becomes a sub-tenant, he will acquire rights against all the roommates and removing him would then require an eviction process.