If I’m renting a room from a home owner who is on felony probation and has search terms, is my room subject to search?

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If I’m renting a room from a home owner who is on felony probation and has search terms, is my room subject to search?

Asked on June 16, 2015 under Real Estate Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

It is subject to search IF that is one of the terms or conditions under which you are renting it: it is legal for a tenant to agree to allow such a search, so if the landlord made that a condition of renting and you agreed (i.e. you rented), it's legal. If it's not a term or conditon of your rental, then it can't be searched, because when you rent it, you gain possession of it and other people, including the landlord, may not simply enter it at will (the landlord may enter without notice for emergencies, or with notice for maintenance, repairs, to show the space to prospective buyers or tenants, etc.), but if it's not searched, your landlord may be in violation of his/her probation. That is not directly your problem, but it is something to bear in mind.


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