Legal Question in Landlord & Tenant Law in California
Rental Agreement & overnight guests...
My tenant is one of two (unrelated to
one another) renters in a house we
own. Each renter has a bedroom with
access to the community areas of the
house. One renter, whom we know
personally, has always paid his rent
on time, but has always had friends
who are intermittently homeless, or
who are working a ''program'' to get
them off alcohol and drugs, and in
general, are rather unsavory. A
clause in the Rental Agreement,
which he signed annually for the past
three years, states no overnight
guests without an advanced written
request to the landlord, and without
landlord permission. You can see
where this is going. We do not want
any of his homeless or druggy
buddies staying at the house! It also
speaks to the quiet and safe
enjoyment of the premises related to
the other roommate! Have we been
within our rights to include this
clause as part of our Rental
Agreement for this tenant? Thanks!
1 Answer from Attorneys
Re: Rental Agreement & overnight guests...
Thanks for the "thanks". They are few and far between.
The answer is that you can reasonably restrict the transient "alkies" and "druggies" provided it is a provision in the lease, and the tenant signs it.
I gather you haven't been enforcing this. Why not start now!