Legal Question in Real Estate Law in California

Four female college student renters had one year lease for a townhome near the university. Less than a month after they moved in, during my maintenance visit, I saw another girl student, who was supposedly there temporarily for about two weeks, which I allowd. But I informed her and the students that any longer period of stay would have to be negotiated and additional charge would have to be applied even though I did not want an extra renter since the place only had 3 bedrooms and two baths.

Then after a long period of time, almost before the end of the lease, I went to the rental unit to find the girl having lived there the whole time. I called the renters to inquire about the situation and they told me that one of the mothers of the students, who is a realtor had talked to my realtor agent, who gave permission to allow the student to live there. I called my agent and she told me that she did not give any permission, since she had no authority to do so. She told the other realtor mother to call the owner (me) to discuss it. She told her that the owner was a friendly and reasonable person and most likely would allow it.

However, noone ever called me to get any approval for the additional renter. The extra girl used one room by herself and supposedly paid $500 to the other girls for the use of that room.

Am I entitled to collect from these renters for what they received in sub-leasing it to the extra tenant? They claim that she was there only 5 months, which is hard to believe since I saw the person there sometime in July 2009 which would be more like ten months (starting from late September 2008).

The renteres vacated the premises and I had to repaint the unit and get damages repaired to the toilet bowl and additional cleaning. They have $2500 security deposit which they want to receive after the expenses. Am I entitled to re-painting costs? ALso, can I legally hold the security deposit since they had no right to get the $500 from the unauthorized renter that was there without my permission?


Asked on 11/03/09, 1:42 pm

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

First, no, you cannot hold the security deposit for the reason stated.

Generally, a lease of real property involves the landlord giving up rights of possession and control of the premises to the tenant(s). A lease can, of course, SPECIFY that the lease is for occupancy by not more than one, two, or twenty persons, or whatever, but if the lease does not so specify, there is no legal reason (except for, perhaps, zoning and similar local ordinances) why the tenants cannot have additional people in the demised premises, and whether they pay rent or are guests is not a valid concern of the landlord. The landlord's remaining rights in leased-out property, if any, are as defined in the lease.

So, unless the lease says otherwise, I think the tenants have done nothing inappropriate, are not required to pass along rents froms subleasing, and are entitled to a full refund.

If you want to impose restrictions on tenants in the future, you need to incorporate the restrictions in the written lease. Otherwise, the lease turns the possession, operation and control of the premises over to the tenants for the duration of the lease.

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Answered on 11/08/09, 11:53 pm


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