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    slidewithme's Avatar
    slidewithme Posts: 2, Reputation: 1
    New Member
     
    #1

    Feb 20, 2009, 01:25 AM
    Illegal occupants
    I will try my best to make this short.

    My boyfriend, his best friend, and I are renting a house together. When we moved in, Best friend was single. He now has a girlfriend who never leaves the house. She is disgusting and I don't want her here. She's spent every night here for more than a year. This is obviously in breach of the lease, and my landlord (a policeman) agrees. I told Best friend that DisgustingGirlfriend could only spend two nights a week here during any seven day period.

    If he breaks this rule, can I have her removed by the police for trespassing, even though Best friend wants her here? What I'm asking is, does she have to be unwelcome by EVERYONE on the lease to be forcibly removed, or will only two of three people work?

    If you could provide links to accredited websites that state this information, I'd be really grateful. If you can't, that's okay too. I just need to know what I can/t do.
    ChihuahuaMomma's Avatar
    ChihuahuaMomma Posts: 7,378, Reputation: 608
    Vision Expert
     
    #2

    Feb 20, 2009, 01:28 AM

    Is Best friend on the lease? Does the lease specify how long a visitor can stay?
    slidewithme's Avatar
    slidewithme Posts: 2, Reputation: 1
    New Member
     
    #3

    Feb 20, 2009, 01:43 AM
    Quote Originally Posted by ChihuahuaMomma View Post
    Is BestFriend on the lease? Does the lease specify how long a visitor can stay?
    Best friend, Boyfriend, and Me are on the lease. The lease document that I have does not specify anything in regards to other people staying here. My landlord said he was sure it said something, but I went through my copy and didn't see anything.

    Also, this is in California. Forgot to mention that.
    ChihuahuaMomma's Avatar
    ChihuahuaMomma Posts: 7,378, Reputation: 608
    Vision Expert
     
    #4

    Feb 20, 2009, 01:47 AM

    I don't see that anything wrong is going on here. He's on the lease, he wants her there, there's no rule saying how long she can/can't be there...

    But that's from what I gather, given I don't know laws... hopefully someone of more help and knowledge will be in soon.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
    Uber Member
     
    #5

    Feb 20, 2009, 07:42 AM
    Quote Originally Posted by slidewithme View Post
    This is obviously in breach of the lease, and my landlord (a policeman) agrees. I told BestFriend that DisgustingGirlfriend could only spend two nights a week here during any seven day period.

    If he breaks this rule, can I have her removed by the police for trespassing,
    Hello slide:

    You're not the boss of him. You can't make rules. She's HIS guest. She's NOT a trespasser.

    You can sue him for any rent and utilities that you think you might be due because of her tenancy. And, you can vacate when your lease expires.

    You SAY it's a breach, but then you can't find anything in your lease that confirms it. Speaking of your landlord, the cop, if he thinks it's a breech, he can evict ALL of you. He can't just evict ONE roommate.

    This is why cops shouldn't practice law. Besides, they spend all their time at the dough nut shop.

    excon
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #6

    Feb 20, 2009, 07:58 AM

    As long as boyfriend is on the lease you cannot forcibly remove her. The police will do nothing since this is a civil dispute not a criminal one.

    When does your lease expire?

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