Legal Question in Real Estate Law in California

Family visit - six months

Before I moved to my new apartment, I talked to the landlord and told him that I would have a family visit in a few months (when the baby arrives). My father will stay 6-8 weeks, and my mom 5-6 months. At that time, I wasn�t sure how long are they going to stay, so I told landlord coupe of months. I would like to know if he can create some problems when he finds out that my mom will stay six months.

Thanks,

--name removed--


Asked on 2/06/03, 7:44 pm

1 Answer from Attorneys

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

Re: Family visit - six months

Well, there are two possible areas of conflict. One would be local ordinances affecting zoning. If the apartment reasonably accommodates that many people, no problem is likely.

The more likely problem area is the landlord's attitude, particularly if your lease specifies the number of occupants, restricts subletting, or discusses guests or roommates in any context. If it does, and the 'guests' could (arguably or obviously) constitute a breach of lease, I would recommend asking for a written waiver. And if the guests do NOT obviously or arguably result in a breach, I would at least get an oral understanding, then afterward make a brief written summary of your understanding and hand it to the landlord.

This may be more detailed and confrontational than you would like to get, but I think clarity now will avoid problems down the road. The additional adults will have an impact, such as on utility use, parking, foot traffic and other areas where the landlord has a legitimate concern.

Note that bona-fide guests are normally not a legal issue under a lease, and attempts to prohibit any overnight stays by visitors are not supported by the courts, but when someone stays beyond a month they begin to be roommates, not guests. There is no 'bright-line test' for distinguising a guest from a roommate, but a month plus is really pushing it.

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Answered on 2/06/03, 8:06 pm


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