Legal Question in Real Estate Law in California

Is my rental agreement voided, will I have to resign a new agreement?

My Rent is $925/month 1bdm utilities included, landlord wants to raise it to $1050/month utilities included (Oakland, Ca rent control 3%only). He wants to void my agreement signed 12/99 and wants me to resign a new agreement. His reason is that now my boyfriend lives with me. Does this mean that my original rental agreement is voided or can my boyfriend sign a co-tenancy? He doesn't want to do a credit check on him, mine was suficient enough. My 3% increase is this dec., $125 increase/month is way over 3% and it does not cost the landlord that much more in utilities for another occupant. My rental agreement states: "no portion of the premises shall be sublet nor this agreement assigned" any attempted subletting or assignment by resident shall, at the election of owner, be an irremediable breach of this agreement. What does that mean? I don't want to sublet, and I have not. did I breach contract by allowing him to live here?


Asked on 9/06/00, 8:54 pm

1 Answer from Attorneys
Ken Koury Kenneth P. Koury, Esq.

Re: Is my rental agreement voided, will I have to resign a new agreement?

If by rental agreement you mean lease, you are not required to sign a new lease and lets you want to. As far as whether letting your boyfriend lived there would be a violation of the agreement or not, you need to read the agreement very carefully in order to determine that.

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Answered on 12/17/00, 4:33 am


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