California | Business Law
Legal Question
If a homeowner wants to lease a room of his home to a tenant on a monthly basis, can the Homeowner's Association not allow that and instead require a minimum lease period of 1 year between the homeowner and the tenant?
Doesn't a homeowner have the right to lease a room in his home to a tenant on a monthly basis?
Wouldn't such a 1-year requirement by a homeowner's association violate a law?
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Legal Answer
It depends on your CC&Rs;.
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Libris Solutions - Dispute Resolution Services 1990 N. California Blvd., 8th Fl Walnut Creek, CA 94596
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Legal Answer
I'm not sure I can give you a full and definite answer, but I do have a few comments on the situation.
First, if the homeowner remains in full possession of the property and merely rents out a room, the renter is not a "tenant;" he or she is in a different category, a "lodger." This distinction is more than a technicality, and if the HOA rules forbid tenancies of less than a year, that may not apply to a lodging arrangement as distinguished from a tenancy.
However, HOA or CC&R restrictions on leasing are generally enforceable, and a one-year requirement is not per se a "violation of law." There are some legal principles based on common law, not statute as far as I know, prohibiting unreasonable restraints on alienation of title or right of possession, but HOA rules-writers know all about this and rarely if ever would write rules that couldn't be enforced.
My hunch is that you have a good argument that the proposed room renting arrangement is not a violation of the rules because it is not a lease. Not having seen the rules, I cannot predict the outcome.
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Bryan R. R. Whipple, Attorney at Law P O Box 318 Tomales, CA 94971-0318
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