Legal Question in Real Estate Law in California
Use of Premises: (doom to single life)
Question:
Does the following clause in a LEASE prevent a
tenant from having a domestic partner? Can a
landlord doom a person to a single life in a free
standing and separate house on a two house lot?
After six months of lease, landlord is using the
following clause to break the lease.
9. Use of Premises: The Premises are for the
sole use as a residence by the following named
persons: XXXX XXXXX. Tenant understands and
agrees that nonresidential use or unauthorized
occupation by any persons other than those
stated above will constitute a breach of this
agreement and will be grounds for immediate
eviction. If Tenant is granted permission by
Landlord to have the Premises occupied by
someone not stated in this agreement, the
additional rent shall be #100.00 per person per
month. Guests (those who stay in Premises for
two weeks or less) are not subject to a $100.00
charge.
I must add that the landlord did give verbal
agreement, but not denies that verbal. He says he
did not charge additional rent for five months
because he was holding his decission (took five
month)
1 Answer from Attorneys
Re: Use of Premises: (doom to single life)
From the landlord's point of view, it was YOU who 'doomed yourself to a single life,' as you so colorfully put it, when you signed a lease containing the now-offensive provision.
First, I would caution you not to rely upon an oral addendum or modification to a written lease. You would have a major proof problem before a judge or jury, and even if you did establish the oral agreement it might not be admissible as evidence to modify the writing.
You could try to skirt the 'unauthorized occupation' clause by keeping your significant other in the 'guest' category....in addition to no stays exceeding two weeks, I would advise not receiving his/her mail at the address, nor moving in furniture, nor listing a phone, etc. You would still be courting eviction.
The preferable procedure is to negotiate. Perhaps $100 per month is not unreasonable, especially if your partner is accustomed to paying rent and can make a contribution. Whatever you are able to negotiate, get it in a signed writing.