Legal Question in Landlord & Tenant Law in California

Lease Violation or not

I have a lease with a tenant that limits the number of persons living in the leased condo to two persons. He has informed me that 2 people will be staying with him for a stay of 4 weeks possibly longer. I understand that one is allowed to have guests but at what time limit is the line drawn where he is in violation of the lease? I price my condo accordingly with expected wear and tear for two persons and am concerned this stay could drag out.

Max


Asked on 3/24/04, 6:27 pm

1 Answer from Attorneys

Re: Lease Violation or not

How big is the unit? You must allow at least two persons per bedroom to meet federal fair housing laws. If your unit has more than one bedroom you should change your policy.

Otherwise it all depends on what the lease says. If it does not define when someone is "living" in the unit, maybe you need to change your lease form.

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Answered on 3/24/04, 7:33 pm


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