Legal Question in Real Estate Law in California
lease agreement
Is it illegal to make a lease a house without being the real owners?
Asked on 8/06/01, 1:27 am
1 Answer from Attorneys
Bryan Whipple
Bryan R. R. Whipple, Attorney at Law
Re: lease agreement
People other than the real owners make valid leases all the time, in their capacities as managers, agents, etc. We also have lessees making valid subleases. It becomes illegal when the person making the supposed "lease" has neither a right of possession nor authority from the person with right of possession (as the owner, trustee, executor, a lessee, etc.). The practice of taking rents from another without any right or authority is a form of rent skimming, and is illegal, sometimes only civilly, sometimes both civilly and criminally.
Answered on 8/07/01, 1:59 pm