Can a landlord tell you who you can or can’t have in your house and use that for grounds for eviction?

UPDATED: Oct 17, 2011

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Can a landlord tell you who you can or can’t have in your house and use that for grounds for eviction?

My daughter (who’s autistic) visits my dad 2-3 times a week. Due to some another neighbor, they are threatening eviction if she is found seen on the grounds.

Asked on October 17, 2011 under Real Estate Law, California


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Oh my goodness.  This violates the law on so many levels I do not know where to start.  First, a landlord may restrict the number of guests a tenant can have at one time and how long they state.  And the guests must follow the rules of the complex or as agreed to by the tenant who signed the lease or be liable for a violation.  California law protects tenants by allowing them to have guests and to live peacefully.  It also protects those with a disability and that is really  the crux of this matter I think.  So let's see how I would handle this.  Did they threaten anything in writing?  Probably not THAT stupid.  So I might file a complaint.  Start with the state Attorney General's office and see how that goes.  If you can prove what you claim you may have a basis for a discrimination suit.  Good luck.

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