Legal Question in Real Estate Law in California

Re: Add on or Roommate

Does your lease say anything about number of occupants? If it does, you need to observe that. If you by any chance have only an oral agreement with the landlord, you need to ask, and better get it in writing. OK, that's the landlord side.

You also need to have a satisfactory agreement with the "other person." Will the person be paying you rent, or a guest? In either case, get some kind of agreement, much preferably in writing. Whether to check credit is up to you, if the other person doesn't pay you still owe 100% of your rent to the landlord.

Remember that when you sublease or take paying roommates you become a landlord too, and are subject to all the laws and rules regarding deposits, refunds, notice and eviction, tenant's rights, etc. There are self-help law books covering landlording and on roommate and other living-together type situations.

LawGuru gets lots of questions about roommate and sublease problems, so be aware that careless decisions can backfire.