Legal Question in Landlord & Tenant Law in California

Re: Uninvited Guest

Howdy:

You're title is a bit misleading. She's invited, just not by you! ;)

I have to answer your questions in reverse order.

Yes, it can become a problem if the landlord suspects she's living in the unit and not on the lease. Your lease will certainly allow guests, but will restrict the length of time and frequency of their visits.

If a non-authorized tenant takes up residence, everyone in the unit can be evicted.

But, if the rent's being paid, most landlords won't really say anything. But, if any lease violations become issues (noice, disturbances, &c.), this can be something else piled on to end your lease.

If you don't mind her being there so long as she ... or he ... pays her way, than certainly talk to your roommate about restructuring the rent split. That's reasonable. Just, be aware of the potential risks.

As long as the landlord is always told she's a guest, then the most he can do is ban her from the property.

You don't necessarily have the "right" to a lower rent contribution, but you certainly have standing to tell your roommate to stop her visits.

Do you know the occupancy restrictions in your complex? Assuming you have a 2 bedroom unit, than 3 adults is probably ok. If she's going to be there with some regularity, than the best course is to tell the landlord, and have her added as an occupant on the rental agreement.

Hope his helped.

rkr