Legal Question in Business Law in California
i have a software c corp; we rented a few apartments for providing accommodation to software engineers on a sharing basis. those apartments are on long term lease and at least partly not occupied..
Since there is extra room available, and there may be demand for temporary accommodation for other people, can we rent out rooms form those apartments ? Our company is in software business and renting apartments are not our business objective, but the mounting losses of maintaining the aprtments are a concern
2 Answers from Attorneys
If your articles of incorporation were properly drafted, you are permitted from a corporate governance stand point to conduct any lawful business activity. In addition, there is an implied grant of authority even in restricted articles (RARE) to conduct incidental business necessary or desirable and in conjunction with the corporate purpose. Your real issue is going to be with your landlord, as to whether subletting is a breach of the lease.
The real question may turn out to be whether the headaches of being a small-time residential landlord will detract from running the real business here. I'm not too fond of the idea of renting rooms within an apartment; that's too much "retailing" and will usually lead to roommate issues and landlord/owner problems as well. I sugest considering retaining a competent and experienced property manager rather than burdening the software corporation with the subletting activity. Also, be certain the activity is permissible under the corporation's leases and that the landlords know what you're doing.
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