California | Landlord & Tenant Law
Legal Question
Can my landlord force me to let her choose my roommate?
I have a one-year lease that is up in November. Then it goes to month-to-month. My current roommate (who is not on the lease) has decided to move out. I notified her that I was looking for a new roommate, but that I would get her approval and let her do the credit check, etc. before moving anyone in.
She responded that she would not allow anyone else to move in, even though it's a 2 bedroom apartment and has always been double-occupancy. This would effectively force me out, as I can't afford to pay the entire rent. She then conceded to letting another person move in, but insists that she gets to pick the person.
The building is rent-controlled and I guess she's looking for a way to vacate the place and raise the rent. I've never paid rent late and never had any confrontations with her.
I am the only one on the lease, and it states:
1. Without Owner's prior written consent, the premises shall be occupied only by the undersigned adults and no children.
2. If the premises is occupied by more than 2 tenants, an additional charge of $75.00 more per person per month will apply.
Can she legally refuse to let another person move in, or insist on choosing my roommate??
Thanks for your help!
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