Can a roommate kick me out of a house he doesn't own?

Question

I live in CA i live with a retired man, he acts like the caretaker of the home but isn't really in charge of it just acts like it. Lately he's been getting on myself and other tenants for staying up late and having a few drinks. He posted "rules" that he says the landlord made up and it says we can only stay up till 10am each night and have 3 drinks in a 24hr period. The reason i know the landlord didn't make this is bc the landlord comes by on the first to pick up rent and parties most of the night with us drinking wine and beer staying up late. During the week i don't drink or stay up late because i work early in the morning, my roommates do including the retired one. I got threatened with 30 day notice not from landlord but by the roommate and it was for something that another tenant did. 
Does my roommate have legal ground to do this?
I pay rent on time and usually keep to myself especially if i have a drink.
I have a contract and it doesn't specify on any of these rules.

babyboomer1001 · Answer

Not everything can be stated in a lease.  It would be way too long.  If the guy rented the house from the landlord and then rented each room to various people, then he - not the landlord, gets to make the rules that you need to live by, or he can evict you.  However, if he is just another tenant and you rented directly from the landlord, as did the other tenants, then you all should decide on house rules, but if you close your bedroom door and want to stay up late, that's your business.  Just don't parade around the house keeping them all awake.  That behavior could get you kicked out - the others will make your life miserable so, being considerate is what you need to be in a shared house.

Paul · Answer

The cowardly passive-aggressive jerk probably leaves snotty Post It notes all over at his work.

Why would you think this person has any control over you? If someone just walks up to you on the street and starts ordering you around are you going to buckle and comply automatically?

What does the landlord say about this? He should be very interested that some creep is acting like he owns the property.

If you get no help from the landlord contact an attorney. This is harassment. You'll need to speak with someone who knows what they're doing to take steps to protect yourself.

Slickterp · Answer

No, he does not have the ability to do this.

linkus86 · Answer

It is possible if the tenant in question is acting as an agent (representative) of the landlord. Thus the only way to know for sure is to contact the actual landlord or demand the tenant to show proof of agency.

Landlord365 · Answer

Someone does not have to own the property to be your landlord. If he is not the one you rented from then he has no power to evict you or impose any rules. If he is indeed the one you rented from (which it does not sound like he is) then he is legally your landlord no matter if he owns the property or not.  Only the one you rented from can evict you or change any rules.
If your contract is month to month than any rules can be changed at any time with 30 day notice to all tenants. If that contract is a fixed term lease then nothing can be changed until it expires.

Slumlord · Answer

If your contract is with the landlord, then this other guy can't kick you out.

realtor.sailor · Answer

Are you that gullible?  He's BSing you.

sunshine_mel · Answer

Who's the contract with?

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Can a roommate kick me out of a house he doesn't own?

8 Answers