What happens when 2 roommates disagree as to who can visit?

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What happens when 2 roommates disagree as to who can visit?

Let’s say their are 2 persons renting a house or apartment together, each having their own room and personal area, but equally sharing the common areas and paying the same amount to live there. Now what is the law if, hypothetically, person A has a significant other who is always at their house making dinner, sleeping over, etc. Person B grows to hate person A’s significant other and for some reason Person B declares that he doesn’t want person A’s GF/BF to come to their house ever again. Obviously person A wouuld be furious and not supportive of this. So my question is pretty General What is person B legally allowed to do in this situation? Can he get a restraining order against the outsider? Can he just declare that this other person isn’t allowed on their property? What can person A do in order to ensure that the 3rd person can continue to come over and not be haggled by the roomate? In conclusion what will the most likely outcome be of this situation? Does the law support person A’s right to have a guest over to the place of residence he is renting or does it Favor person B’s privacy/desire to ban the 3rd person from the premise in which he lives? Additionally, can you point me in the right direction of where to find more information regarding this topic?

Asked on September 9, 2012 under Real Estate Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Unless there is a roommate agreement in place between the two roommates, then since each pays their own share of the rent, the other can have whomever over. The problem that you are writing about has no per se solution under the law where for all intents and purposes the issue you are writing about is a domestic issue similar to a dispute between spouses where one spouse may not like the friends of the other.

The answer to your question is that you two need to work things out regarding the guests who come over to the common abode. A restraining order is not in order against the girlfriends of the other roommate. All that does is create further problems.


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