Legal Question in Real Estate Law in California

Added tenant rent

Is it legal for landlord to charge an ''added tenant rent'', if the person who moved-in is my farther. There are only my mothers, my 4 year old son and my name on the rental agreement.


Asked on 4/09/02, 10:20 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Added tenant rent

In my opinion, it depends upon the language of your lease. Leases that are silent on the number of persons who can occupy the premises would normally be construed to allow another member of the immediate family to live there. However, most leases nowadays specify the maximum number of occupants, and sometimes they are listed by name, e.g. by limiting permanent occupancy to the persons who are signatories to the lease.

It sounds like your lease, like most, puts some kind of limitation on the number of occupants, and if that is the case, close relatives will be counted just like strangers (absent some unusual wording).

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Answered on 4/09/02, 11:14 pm


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