Legal Question in Real Estate Law in California

I have a 2 bedroom condo. I am planning to buy a house out of town and planning to rent out the condo by rooms to 2 tenants. Even though I get the house out of town, I still need to come to the town a couple of days per week for my business and I am thinking I want to stay in the living room of the condo. So, here is the question. Is it legal for me to stay in the living room of the rental property? Or is it acceptable if I only rent out 1 bedroom and keep the another for myself?


Asked on 8/04/09, 2:24 pm

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Your concept would not violate any general, state-wide law. It might run afoul of some HOA rule or CC&R, so you should check these beforehand.

However, your idea would require writing several special conditions into the rental agreement or lease. A plain vanilla lease or rental agreement won't work, because the usual lease gives the tenant full and unrestricted rights to occupy the entire premises at all times. Your idea makes you a part-time roommate. Spelling out your rights to enter and occupy the property, how utility costs will be shared, liability issues, etc. will complicate your proposed deal.

Also, you're limiting your market and the rent you can ask. Most tenants don't want to share space with the landlord. I think you're better off to get a motel room when you come back to town.

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Answered on 8/05/09, 8:59 pm


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