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)


Asked on 7/29/01, 7:42 pm

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

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.

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Answered on 7/30/01, 2:19 pm


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