Legal Question in Real Estate Law in California

Re: Renting for a friend

Good question. I think there is at least a strong argument that this is perfectly "legal" in the sense that it does not violate the terms of the lease - but this is because most leases do not specify that the lessee must also be the occupant. The answer might be different if the lease terms did so specify. California law is unclear, I might add, on whether a residential landlord can forbid assignments and subletting totally. As to the second question, it's also tough to answer, because it's unclear whether the occupant would have the status of your (sub)tenant or your guest. The classification of the occupant might ultimately depend upon whether the occupant gave any consideration, monetary or otherwise, or truly occupied the space gratis. If the latter, the occupant is probably a guest and not a tenant and can be booted out pretty much at will (short notice, no legal process). However, I can forsee a possibility of litigation.