Legal Question in Landlord & Tenant Law in California

I have been renting a rent-controlled apt in Los Angeles for 2 years now (currently on a month-to-month lease). About a year ago, I had my elderly father move into the apt with me. We occupied the apt for a few weeks while I was in the process of purchasing a house (cash purchase). Escrow closed quickly and I moved into the house as a primary resident. I kept the apt which my father continued to occupy. Except for those few weeks, only 1 person has ever occupied the apt at any time. Just last week, my landlord sent a letter stating "Guest(s) staying over 14 days cumulative or longer during any 12-month period, without the Owner's consent, is considered a breach of this agreement" Further, "Resident shall pay additional rent at rate X per month" the guest has occupied the apt. I understand the main purpose of this agreement is to cover the additional costs additional occupants incur for utilities, damages, etc. However, in my case, except for that very brief period, only 1 person has ever physically occupied the apt. I dont think its fair that I have to pay addt'l rent when only 1 person has occupied the apt. Based on my case, do I have any rights to refuse to pay the additional rent? Or is there a way to get around paying the additional rent? Can my father continue to stay in the apt with me as the named lessee, or would the lease have to be transferred to his name? I have not yet explained the above to my landlord. I believe she thinks that there are actually 2 people physically occupying the apt. right now.


Asked on 6/17/15, 4:38 am

1 Answer from Attorneys

Nicholas Spirtos Law Offices of Nicholas B. Spirtos

You may want to contact the rent control board to get their opinion, or a local landlord tenant attorney.

A review of your original lease agreement would be required. It is possible that a 10% increase would be allowed based on your situation.

It is also possible that you are no longer a tenant since you have technically vacated the unit. You would be wise to consult with the RSO or an attorney before saying anything to your landlord.

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Answered on 6/18/15, 8:16 am


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