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socallegalwork
socallegalwork, Attorney
Category: Landlord-Tenant
Satisfied Customers: 117
Experience:  Attorney and licensed real estate broker with over twelve years of experience, specializing in landlord/tenant matters.
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I live in a mobile home park but I own my home. My boyfriend

Customer Question

I live in a mobile home park but I own my home. My boyfriend was in jail six months ago, he was charged with endangering the welfare of a child. My landlord/park owner is trying to tell me he is not allowed in the park at all because he is a "danger", is this legal? And can she evict me if I don't comply?
Submitted: 8 months ago.
Category: Landlord-Tenant
Expert:  socallegalwork replied 8 months ago.
Hello. I believe I can help you.For the most part, the landlord's ability to evict will be based on the failure to pay, a breach of one of the terms of the rental agreement (after proper written notice is first given providing the park tenant an opportunity to cure the breach) or a violation of a mobile park law (again written notice has to first be given).However, landlords have a responsibility for their tenants' safety and security. Many jurisdictions have held park owners responsible where a tenant (or guest) posed a danger to other tenants and the landlord failed to take measures to prevent harm coming to someone. This is likely what your landlord is concerned about. I would review your rental agreement and the park rules to see if it expressly says anything about your landlord having the right to evict in this situation.Otherwise, typically a landlord cannot simply evict someone for a criminal record without evidence that the person is currently engaging in criminal behavior on the property (unless you or your boyfriend lied or misrepresented the situation in the lease application process). If your landlord tries to evict you, she is likely going to have to present evidence that you breached a specific provision of the lease or your boyfriend currently is engaging in criminal behavior or activities that present a danger to the other residents.
Customer: replied 8 months ago.
Thanks for the response. He is not on the lease, he's not even living with me. He just stays a few nights a week. I was told he can't even come over to see our daughter, only verbally though, I have not received any sort of written notice (yet).He has not been charged with anything since he got our of jail six months ago. However last week one of my elderly neighbors accused him of stealing from her after he helped carry groceries into her house. He had even given her his name and # ***** case she ever needed anything. The cops couldn't prove it so he wasn't charged with anything but I'm sure that's why my LL thinks she can ban him. I can't see how I'm in any direct violations of my lease though besides the vague mention that "anyone besides those named in the lease need permission to use the premise"
Expert:  socallegalwork replied 8 months ago.
I agree the provision you cited is pretty vague. Is there no specific provision concerning guests? Often leases will allow more leeway for guests by providing that permission is not needed as long as they don't stay over a certain number of consecutive days within a certain period of time. But guests staying longer then the prescribed time or more frequently require the landlord's written approval.