Can my landlord prohibit my boyfriend from occasionally spending the night at my house? How can I show her legal documentation?

No, your landlord does not have the right to prohibit your boyfriend from occasionally spending the night at the house you rent. This is a violation of your right to privacy, and your landlord would be violating the Bane Civil Rights Act if your lease has such a provision. In California, the Bane Civil Rights Act prohibits persons from interfering with your constitutional rights. Bane Act liability occurs when a defendant’s threats, intimidation or coercion interferes or attempts to interfere “with the exercise or enjoyment by any individual of rights secured by the Constitution or laws of the United States, or of the rights secured by the Constitution or laws of this state.” (Civil Code § 52.1(a); City of Simi Valley v. Superior Court (2003) 111 Cal.App.4th 1077. The essence of a Bane Act claim is that the defendant, by the specified improper means (i.e., “threats, intimidation or coercion”), tried to or did prevent the plaintiff from doing something he or she had the right to do under the law or to force the plaintiff to do something that he or she was not required to do under the law. (Austin B. v. Escondido Union School Dist. (2007) 149 Cal.App.4th 860, 882-883.) The only limitation on the constitutional provisions and laws that may serve as the predicate for a Bane Act claim that has been identified in any of the reported Bane Act cases is that the provision or law must be one that applies to the defendant. This point was established in Jones v. Kmart Corp. (1998) 17 Cal.4th 329, 338.

Your landlord has it backwards. The burden is on your landlord to prove that you have violated the lease agreement or a state law. It’s not on you to prove anything and you should take no steps to answer her demand. If you have a written lease, there is likely (not always, but likely) a provision regarding guests and when the landlord’s permission is required. Check your lease agreement, if there is no provision regarding guests, your landlord has absolutely nothing to say. Frequently a lease will have fuzzy language that makes it clear a guest stay that exceeds a week or so, or extends to a week or so every month may require permission (as sometimes a long staying guest can acquire tenant rights). However what you described is in NO WAY close to that fuzzy language and your landlords attempt to exert control is way out of bounds. Tell her to take a hike. It’s your rental and you have exclusive rights (right to associate, right to privacy) so long as you are in compliance with your lease agreement. Check the lease agreement for specific language. If there is no specific language against having overnight guests, then you’re golden. If there is legal language, check the language and see if you’re in compliance–if so, you’re golden. If you are not in compliance, consider another post to with the exact language so a reviewing attorney can determine if the language is even enforceable. Stop worrying about the landlady and start living.

If you have a lease, you should review the lease to see if it makes any mention of overnight guests. If not, your landlord has no right to forbid overnight guests. Ultimately, if your landlord wishes to act, she must serve you with a 3 day notice to cure or vacate. If the lease does not forbid overnight guests she would not prevail in court. You should send your landlord a letter to asking her to stop harassing you and your guests. Good luck.