Legal Question in Real Estate Law in California
Spouse's rights on lease/rental
While I was sick, my wife signed a lease and moved into an apartment with our young child (without me).
I have now fully recovered and live at the apartment as well. We have not formally informed the management that I am living here now and obviously not made any changes to the lease.
Since we live in a community property state, I presume I am jointly liable for the rent. My question is, do I also have rights as a tenant?
Also, does the apartment manager have the right to disclose who is or isn't on our lease to non-interested third parties?
1 Answer from Attorneys
Re: Spouse's rights on lease/rental
If you are living in the apartment and are not a guest, and the landlord doesn't know about you, I believe you would be a subtenant of the landlord and a tenant of your wife.
The community estate is liable for debts contracted by either spouse during marriage. Therefore, with certain technicalities and limited exceptions, you are liable for the rent jointly with your wife.
The landlord should use some discretion to protect the privacy of tenants. However, if someone like a process server or sheriff's deputy should ask "Does John Doe live here?" I don't think it violates any of your rights if the landlord says yes.
What do you mean "have not formally informed the management?" That the resident manager knows but the absentee owner doesn't?
You should look at the lease and see if it limits the number of occupants. If it does, you should take steps to bring your occupancy within its terms, by re-negotiation if necessary. If it doesn't, I'm not sure what you're worried about.
For your peace of mind you need to be up-front with the landlord.
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