Legal Question in Real Estate Law in California
Tenant Moving People In
We have a tenant who is on a lease and has 10 months remaining on his lease. He has moved his daughter, boyfriend, and granddaughter in to live without our consent and called us to have them put on the lease. We said no that they could not stay, it is a small three bedroom with two adults and a child already living there. We sent him notice that he could not have them there as well as our phone conversation with him but he is refusing to have them move and they have told our maintenance person that they are going to stay for six months without our consent. Our contract does not specifically state that no one else, outside of the tenant, can reside there, but don't we have the right to refuse to allow someone who is not on the lease to live in the house?
2 Answers from Attorneys
Re: Tenant Moving People In
You cannot interfere with the normal use of the apartment that you are renting. If you do so your tenants could sue you. If local ordinances have restrictions as to the amount of people that can live in one dwelling you could have the local government enforce the statute. Otherwise, you cannot prevent your tennants from having someone stay in the apartment.
Re: Tenant Moving People In
Leasing out property turns the right of possession and control over to the tenant. Unless the lease expressly states otherwise, the tenant is in control of who lives there, and how many. Tenants also have the right to assign or sublet unless the lease takes that right away by and express restriction.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
