Legal Question in Landlord & Tenant Law in California
Is my lease valid? Facts: I live in the upper unit of a duplex that has its own street address (2002 mine vs 2004 for the downstairs unit). The lease is a "ez legal form" with fill in blanks that they probably bought from Office Depot. A. My lease says my unit "shall be used and occupied by Lessee exclusively as a private single family residence" but it's the top portion of a duplex. Can part of a duplex be considered a single family home? B. Does the following portions of the my lease invalidate each other? a. "premises shall be occupied by no more than 3 persons, consisting of 3 adults" b. I am the only Lessee. c. "without prior written consent, lessee shall not assign or sublet, or grant concession or license to use the premises or any part thereof." (quotes are not direct quotes, superfluous language has been omitted) Thank you!
2 Answers from Attorneys
The lease is valid but rather badly worded. Your unit is your "single family" residence although the property is actualIy a duplex. It is not unusual for multi-unit buildings to have separate mailing addresses for each unit. Basically the unit is a residential unit not to be sublet without the owners possesion and probably not allowed for use as a business. I recommend you review the Nolo Press book on tenant's rights if you have further questions.
I will also add that the limit on 3 adults is appropriate. Many jurisdictions have limits on unrelated individual to prevent it from being considered a boarding house...this does not seem inconsistent or in conflict with the rest of the lease.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
