Legal Question in Real Estate Law in California

As of now, I have a rental agreement for a single family home in Riverside,CA. The agreement states that maximum occupants are 6 people. On my last visit, i realized that the had an excess of 15 people living there. The average monthly rent in that area is 1,500. They're payment is 1,250. My question is how much more can i legally charge them if the wish to stay? How many days notice should i give them for the rent increase? Any other advice?


Asked on 4/04/13, 6:34 pm

1 Answer from Attorneys
Anthony Roach Law Office of Anthony A. Roach

To the best of my knowledge, Riverside California does not have a rent control ordinance. The reason that I mention this is because some cities, such as San Francisco, Santa Monica, and Los Angeles, have rent control ordinances, which restrict the reasons a landlord can evict a tenant.

In the absence of a rent control ordinance, your issue is governed by your lease agreement as to whether you can charge more rent for additional occupants. From the phrasing of your post, it sounds as though you can't, so you should consider having the tenants served with a 3 day notice to perform or quit for a breach of the lease. You could then bring an unlawful detainer action.

Before you race off to the courthouse, though, I do suggest you have the lease reviewed by a local attorney who handles these types of cases.

Read more
Answered on 4/05/13, 9:05 am


Related Questions & Answers

More Real Estate and Real Property questions and answers in California