Legal Question in Landlord & Tenant Law in California

In a building that consists mainly of small offices, but has 1 residential unit, can the landlord set an occupancy limit of 1 person for the residential unit, so as to create less noise for the business tenants? Not sure if this is relevant, but the residential unit is a large 1-bedroom unit, and is located in Sacramento. Thank you!


Asked on 3/07/10, 12:11 am

1 Answer from Attorneys

The landlord can set whatever occupancy limits he likes, knowing it will limit his pool of renters. The only thing he might run up against is prohibitions on discriminating against families. But with a one bedroom unit, and a rational basis for the restriction, it is probably OK. I would, however, have to research that issue to be sure.

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Answered on 3/12/10, 10:36 am


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