Legal Question in Landlord & Tenant Law in California

Do I have to sign a lease

I have seen some post about a landlord having a 'right' to 'ask' you to put an occupant (roommate) on the lease, but no mention of the legality of doing this. I have the right to 'keep and bear arms', yet the government routinely restricts, denies, diminishes my 'right' to do so on a daily basis.

So my questions are:

If I am staying with someone, (due to being out of work) do I have to be on the lease LEGALLY. If so what is the time period before that kicks in? I am not paying any rent, obviously. I am sure that I don't have the credit rating to get an apartment right now, either. So it would seem to me that this flies in the face of a landlord not being allowed ' to choose your roommate'.

If the lease has already been converted to month to month; then would we have to get a brand new lease, or would the old one apply?

If the lease does not mention 'other occupants', would it be legal to refuse to sign the lease?


Asked on 1/09/04, 8:53 pm

1 Answer from Attorneys
Martin Snitow

Re: Do I have to sign a lease

The landlord is allowed to set reasonable financial qualifications for his tenants. If you don't qualify, you don't have any right to live there unless the lease allows roommates. But if the lease is now month-to-month, the landlord can end it with 30 or 60 days written notice without any reason. If you are living there and the landlord objects, don't make long-term plans to stay. You and your friend will both have to move.

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Answered on 1/10/04, 8:40 pm


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