Legal Question in Real Estate Law in California

Landlord has abusive girlfriend

I rent a room in a house. The owner also lives in the house, and rents out several rooms. I and the other tenants, according to our leases, have free and unlimited access to the kitchen, living room, dining room, and other common areas of the house.

The owner has a girlfriend, ''Jane,'' who does not not respect the rights of the tenants. Jane uses food, dishes, and other items that belong to the tenants. She leaves a considerable mess everytime she uses the kitchen. She does not recognize the rights of the tenants to use the common areas of the house, and often makes it extremely unpleasant for us to be in these areas. She has entered my room and used my telephone (my private line) without my permission. She is verbally abusive toward the tenants: she has accused me and my roommates of lying, she has threatened to have us evicted, and she frequently resorts to profanity and personal attacks in her dealings with us.

The owner does not condone Jane's behavior, but is unable or unwilling to stop it. What legal recourse do I have?


Asked on 1/20/02, 11:39 pm

4 Answers from Attorneys

Victor Hobbs Victor E. Hobbs

Re: Landlord has abusive girlfriend

You are at a disadvantage dealing with someone that is providing the landlord with sex. There are probably several things you can to address this problem legally. However, the simplest remedy is for you to give your notice to move. If more of the tenants were to do the same the landlord might find some ways to curtail his girl friend's activities. Or you might find your landlord a new girl friend. My guess is he's ready for a new one about now. Your landlord has a duty to provide the services he promised in the lease and also to provide a habitable dwelling.

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Answered on 1/21/02, 9:27 am
Chris Johnson Christopher B. Johnson, Attorney at Law

Re: Landlord has abusive girlfriend

If your lease is month-to-month, just give your 30 days' notice and leave. If the lease is for a longer term, talk with the landlord and tell him you're not getting the things the lease promised, which is a breach of the lease, and that you'll have to leave.

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Answered on 1/21/02, 12:58 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Landlord has abusive girlfriend

Most of the abuses you mention are actionable in theory as trespasses of various kinds or otherwise, but it is impractical to assert the legal remedies in court for many reasons, including cost, time required and the possibility of retribution. Since negotiation has apparently failed, you should move.

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Answered on 1/21/02, 4:32 pm
Wayne Smith Wayne V. R. Smith

Re: Landlord has abusive girlfriend

Nothing really effective - and way too expensive. Best to find another place to live. Perhaps all of the tenants [excluding girl friend and owner] can band together to rent a house by yourselves where the owner does not live. Might be the same dollars and a lot less hassle. And it would be sweet justice to an abusive landlord to all leave at the same time.

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Answered on 1/21/02, 1:44 am


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