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Laws About Living With Someone Else In America

  1. Mar 9, 2013 #1
    So back in my parents house if I had a friend over that my parents did not want over they could ask the person to leave. If the person didn't leave it would trespassing (despite me wanting my friend over).


    So how does the whole situation work out when you share a space with someone who is your roommate. If one person has someone over that they want over and the other person wants the friend out of the room and ask them to leave? Is it then considered trespassing as well?

    Thanks for any help. I just want to know how this whole things plays out. I'm not talking about just oh go talk to your roommate that it's not ok... but the action of him having someone over that you don't want over and you ask that person to leave and they refuse. Is it considered trespassing or something like that?
  2. jcsd
  3. Mar 9, 2013 #2
    I think it might depend on who's name is on the lease. If you both have your names on it, then I would think you still have a right to make someone leave.
    I think the necessity of you wanting someone to leave supersedes the necessity of your roommate wanting them to stay, assuming both your names are on the lease.
  4. Mar 9, 2013 #3


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    Do you own the house? You should call the local police department and ask if you can legally have someone removed if your roommate/tenant invited them.
  5. Mar 9, 2013 #4


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    Who told you that? Your parents?

    I'm not really sure whether that's true or false. But I do know that if a parent lets an adult child live at home, even for free, there's a very, very good chance they'll have to go through formal eviction proceedings to get the adult child out of the house if the adult child isn't willing to move out on their own.

    Obviously, not a situation that would arise very often, but, legally, an adult child is a tenant in the parent's house, the parents are landlords, and the same landlord-tenant laws apply even though they're related to each other.

    I think it's even more dubious to believe you could legally prevent a roommate from having certain friends over. That's something that would rarely ever go to court. It would be much more likely for the disputes to eventually result in trying to break-up the roommate relationship one way or the other (eviction, getting out of a joint lease, etc). And the latter isn't something that's particularly easy.

    All reasons you need to think very, very carefully about who you agree to split the rent with. My son happens to be going through something similar, in that his roommate's work schedule and partying schedule just aren't compatible with my son's work schedule and lifestyle, but the lifestyle part is something that he should have realized beforehand. Being good high school friends (and good adult friends while living apart) doesn't mean both grow up in the same directions.

    Of course, it depends on why you don't want the roommate's friend over, too. If the roommate's friend's behavior toward you is harrassing and/or abusive, you could get a restraining order against the roommate's friend - in other words, deal with that person directly.
    Last edited: Mar 9, 2013
  6. Mar 9, 2013 #5
    If he has his name on the lease, you don't think that's enough to be able to prevent who you want from coming over to your house?
    Even if his roommate wants that person over, they both have the option of going somewhere else.
    I don't know why he doesn't want that person coming over. It could be that person is loud, dirty, smelly, or whatever. But your post makes it sound like the TS is just in a situation where he has to deal with the person coming over, since he chose a roommate that has an annoying friend, or whatever. Well, that applies to both of them. I could just as easily say his roommate has to deal with not letting that person come over, since he chose a roommate that doesn't like his annoying friends, and HE should have more carefully chosen his roommate.
  7. Mar 9, 2013 #6


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    I'm saying the legal system isn't really designed to handle situations like this (for instance, look for a law specifically covering parents wanting their adult child out of the house - there just isn't one). Don't expect the results of the laws that are on the books to really help you out.

    These are the type of disputes that are better handled on the Judge Judy show than in a real court.
  8. Mar 9, 2013 #7
    I was thinking this isn't even something you need to take to court. I think if you did get the police involved, they would show up, find out if you're on the lease, and if you are, tell that other person that they're not welcome there, even if the roommate wants them there.
    I don't KNOW if the police would do that, but that's what makes sense to me, based on the reasons I gave above.
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