Legal Question in Real Estate Law in California

Leasing out one's property

Someone owns a single family residence in which they build out a studio space for an office. It has fullbath,studio kitchen & private entrance through the garage.They no longer use the office & they leased the space to a friend for her business. They currently live in the other part of the home but wish to buy another home to live in.They will lease out the other part of the home & will have 2 leases on 1 home. Can they legally have 2 leases on one home and should they be able to count both as income?


Asked on 8/13/08, 8:15 pm

1 Answer from Attorneys

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

Re: Leasing out one's property

If you are asking this as a question about zoning or building code compliance, I don't know the answer. That would require local research after looking at the situation on-premises.

On the other hand, if you are asking whether arrangements like this are legally possible, the answer is that they sure are. In legal principle, it is possible to slice and dice a property any way you want, and lease the parts to different tenants for different periods of time. It is even possible to lease the mineral rights in the front yard to one party and those in the backyard to another party and the surface rights to third and fourth parties.

Caution, however, should prevail; with multiple tenants there will be practical issues such as security, access, sharing of utilities, parking, and of course, zoning and use restriction compliance issues.

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Answered on 8/13/08, 8:38 pm


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