Legal Question in Real Estate Law in California

Re: Rent Control Binding Agreement?

The answer to each of your three questions is "maybe."

First, rent-control ordinances vary from city to city. This answer assumes the more general and usual ordinance. The answer might be different for certain cities.

As to whether the tenant can have another occupant, it depends upon whether the occupant is a subtenant, a guest, or perhaps a family member. Non-paying guests and family members are subject to less stringent limits. However, you would be a subtenant. You need to inquire whether the tenant's lease prohibits subleasing. It may contain a blanket prohibition, but some leases have wording to the effect, "no sublease without landlord's prior consent, which shall not be unreasonably withheld." In this latter case, the tenant should ask permission and also ask whether this will affect rent. This is not the same as adding you to the lease.

As to whther the rent would go up, this would be determined by the lease itself. The only way to know is to read the lease. The lease may also refer to the local ordinance; if it does, both would have to be considered.

Finally, whether you are legally bound to the tenant depends upon whether you make an enforceable agreement and/or receive benefits. I would say that you would almost certainly be bound to pay whatever rent you agreed upon for your subtenancy.

My advice is not to attempt to sneak in under the landlord's radar, if that's what you have in mind. You should read the tenant's lease, and if subletting is not absolutely prohibited, the two of you should approach the landlord, not to make you a co-tenant, but to arrange the short-term subtenancy so as not to upset the landlord or the rent controlled-pricing.