Legal Question in Landlord & Tenant Law in California

can landlord make me tell them if I have an overnight guest


Asked on 6/15/10, 2:20 pm

1 Answer from Attorneys

Generally, no, unless there is something in your rental agreement.

Even if your rental agreement requires such a disclosure, it would be very hard for your landlord to evict you for a violation. Your landlord would have to serve you with a 3-day notice to perform covenant or quit prior to starting eviction proceedings. Since your overnight guest will have left before you are even served with the notice, you will have complied with the notice.

It is also unlikely that a judge would uphold such an unconscionable contract requirement.

There are two other considerations. Your rental agreement may limit the number of tenants. If you have long term "guests," this may violate your rental agreements. Also, your rental agreement probably does not allow you to run a hotel or boarding house. So if you always have such an overnight "guest," your landlord could take legal action to enforce your rental agreement.

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Answered on 6/17/10, 8:38 am


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