Legal Question in Landlord & Tenant Law in California

I own my home and live it in. Presently rent out the two spare bedrooms. One bedroom renter has not been here in over a month (since the beginning off January) due to health reasons and has been staying with a relative. She paid her rent for the month of January, but now for February says she cannot afford to pay in full due to missing work and also she is not obligated to pay in full because she has not been occupying the room. I think her thinking is skewed; am I correct that she must still pay her rent to me, or can she legally avoid paying?


Asked on 2/13/11, 10:31 am

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

Rent is not paid on the basis of how many hours a tenant is there, as a lady of the night would rent, but rather than one person has given up sole ownership and control over a certain space to another, for them to have sole control. During February you could not go into her room and move anything or everything out and rent the room to some one else. She had exclusive control over the room so must pay full rent for that months.

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Answered on 2/13/11, 11:00 am


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