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LawTalk
LawTalk, Attorney
Category: Legal
Satisfied Customers: 37857
Experience:  I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.
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I am in tough situation. A roomate that I share the house in

Customer Question

I am in tough situation. A roomate that I share the house in has been letting his grilfriend live at the house. He says she is not living there because she does not shower there. Our landlord has said that she can not stay there. So now she has been leaving the house between 1-3am in the morning and waking us up. Sometimes returning as early as 6am to 8am. Currently our lease states that only 3 people can live at the house to include myself, my fiancee and our roomate. Is there any legal way to keep her from coming to the house? My fiancee and I do not know this person and do not trust her. We currently rent this property and split the rent 3 ways. Also our landlord has said that if she stays there we are in violation of our lease and he may evict us or charge us more rent. What our my options legally to keep her out of our house?
Submitted: 6 years ago.
Category: Real Estate Law
Expert:  LawTalk replied 6 years ago.
Good morning,

I'm sorry to hear of your dilemma.

First of all, taking a shower has nothing to do with whether a person legally resides in a particular place. That suggestion on the part of your roommate is patently absurd!

Are all three of you on the lease with the landlord?

Doug
Customer: replied 6 years ago.
all three are on the lease.
Expert:  LawTalk replied 6 years ago.
Good morning,

I'm sorry to hear that.

As a roommate, sharing a residence, each of you on the lease has an equal right to the property, and because the lease is not between the three of you---but with the landlord---you as co-tenants have no way to legally enforce the rules of the landlord as against a co-tenant. Only the landlord can do that.

As the woman is a guest of a co-tenant, there is nothing that either you or your fiancee can do to prevent her from coming and going at her leisure. Your sole remedy is to sever the co-tenancy relationship as soon as possible.

It may be that the landlord will allow you to move to another unit/residence, but if that is not possible, then all you can do is wait until the lease is up and not renew it with this roommate.

Presuming that there was an agreement between the 3 of you that you would peacefully reside in the home together, if the roommate's violations of the rules causes the landlord to evict all of you, you might consider filing suit against the roommate for damages associated with the need for you to relocate, and under the theory that the roommate, as a co-tenant, has breached the contractual agreement that you had, resulting in monetary damages to you. I'm afraid that absent a good, solid, roommate contract providing other remedies to you, that you really don;t have any other viable options.

Here is an example of a roommate agreement that you might consider using in the future should you ever find yourself in a need to share a residence with a non-family member:

http://www.units.muohio.edu/saf/oxfordoffcampus/roomateContract.pdf


I wish you the best in 2011.

Because I help people here, like you, for a living---this is not a hobby for me, and I sincerely ***** ***** abiding by the honor system as regards ***** ***** I wish you and your family the best in your respective futures.

Would you be so kind as to Accept my Answer so that I may be compensated for assisting you? Bonuses for greatly informative and helpful answers are very much appreciated. Thanks Again,

Doug