QUESTION

Can a roommate go in your room,pack your things and claim half the room as their own when both parties are on the lease?

Asked on Mar 19th, 2020 on Civil Litigation - Colorado
More details to this question:
My children's godmother is moving in with me in May. Her current roomate is about to start working from home but her work doesn't know she has roommates even though they are both on the lease. Because of this she is harassing my childs godmother, constantly texting and telling her she has to move out sooner or surrender half her room to be turned into an office, that she cannot enter when said person is working. she even went in her room when she wasnt home and started packing her things. We are at a loss of what to do and my children's godmother doesn't have a lockable door to prevent this from happening. Is there anything we can do to mitigate the situation? Is it legal for her to kick my family member out of her personal space like this?
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1 ANSWER

Personal Injury Attorney serving Denver, CO at Colorado Justice-Rx Attorneys, LLC
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Hello Bethany, I am sorry to hear your child's godmother is facing this stressful situation. First and foremost, the lease will be controlling as to the terms of the tenancy for both your child's godmother and her roommate. In light of that, an attorney would need to review the lease to give you a full answer to this question. It is unclear to me whether the roommate situation is that both people are living in the same dwelling, or if it means that they are actually sharing the same bedroom. That is an important distinction. Generally, and without reviewing the lease, I find it unlikely that the roommate would have any right to exclude your child's godmother from a portion of the dwelling. Typically, by paying rent a person is granted the right to access an entire dwelling subject to any terms of the lease that dictate otherwise. However, the roommate almost certainly does not have a right to pack your child's godmother's belongings. The roommate also likely cannot force your child's godmother to surrender half of her bedroom to be used for the roommate's office space. The roommate also cannot force your child's godmother to terminate the lease.  Has your child's godmother reported the situation to the landlord? This entire situation is something that a good landlord should be able to address. My recommendation is your child's godmother first try to resolve the situation with the help of the landlord. If the landlord is unable or unwilling to help, your child's godmother should contact an attorney who can review the lease and, if proper, communicate with the landlord to ensure the landlord is following the terms of the lease and the broader requirements of the law. It may be the case that a lawyer finds it proper to deal with the landlord directly, with the roommate, or both. 
Answered on Mar 30th, 2020 at 11:37 AM

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