Legal Question in Landlord & Tenant Law in California
Can my landlord force me to let her choose my roommate?
I have a one-year lease that is up in November. Then it goes to month-to-month. My current roommate (who is not on the lease) has decided to move out. I notified her that I was looking for a new roommate, but that I would get her approval and let her do the credit check, etc. before moving anyone in.
She responded that she would not allow anyone else to move in, even though it's a 2 bedroom apartment and has always been double-occupancy. This would effectively force me out, as I can't afford to pay the entire rent. She then conceded to letting another person move in, but insists that she gets to pick the person.
The building is rent-controlled and I guess she's looking for a way to vacate the place and raise the rent. I've never paid rent late and never had any confrontations with her.
I am the only one on the lease, and it states:
1. Without Owner's prior written consent, the premises shall be occupied only by the undersigned adults and no children.
2. If the premises is occupied by more than 2 tenants, an additional charge of $75.00 more per person per month will apply.
Can she legally refuse to let another person move in, or insist on choosing my roommate??
Thanks for your help!
2 Answers from Attorneys
Re: Can my landlord force me to let her choose my roommate?
If she is not the landlord and is moving out, she has nothing to say about who moves in. She is your subtenant, but is acting like your landlord. Ignore her and do what you want. Talk to the landlord and see if he will agree to your new tenant (since you said it limits additional occupants to her) and quit dealing with her. She has no right to consent or object to anything here.
Re: Can my landlord force me to let her choose my roommate?
I assume it's the landlord, not your subtenant, who is giving you the problems. That's not clear from what you wrote. You could safely ignore the subtenant's demands, but not the landlord's.
It is proper to require all the adult tenants to be listed on the lease and to have all submit applications and pass credit checks. The landlord can limit occupancy to 2 persons per bedroom under federal fair housing law. See section 589 of the Quality Housing and Work Responsibility Act of 1998. That would be four persons for a 2-bedroom unit.
The landlord cannot charge extra for additional residents. That can be discrimination against families with children and likely is illegal even if you have no children there. The landlord cannot "choose" your roommate and require you to live with someone you don't want. But the landlord can reject tenants who do not pass reasonable credit and other standards.
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