Legal Question in Landlord & Tenant Law in California

Rental Agreement & overnight guests...

My tenant is one of two (unrelated to

one another) renters in a house we

own. Each renter has a bedroom with

access to the community areas of the

house. One renter, whom we know

personally, has always paid his rent

on time, but has always had friends

who are intermittently homeless, or

who are working a ''program'' to get

them off alcohol and drugs, and in

general, are rather unsavory. A

clause in the Rental Agreement,

which he signed annually for the past

three years, states no overnight

guests without an advanced written

request to the landlord, and without

landlord permission. You can see

where this is going. We do not want

any of his homeless or druggy

buddies staying at the house! It also

speaks to the quiet and safe

enjoyment of the premises related to

the other roommate! Have we been

within our rights to include this

clause as part of our Rental

Agreement for this tenant? Thanks!

Asked on 2/13/08, 10:40 pm

1 Answer from Attorneys

Robert L. Bennett Law offices of Robert L. Bennett

Re: Rental Agreement & overnight guests...

Thanks for the "thanks". They are few and far between.

The answer is that you can reasonably restrict the transient "alkies" and "druggies" provided it is a provision in the lease, and the tenant signs it.

I gather you haven't been enforcing this. Why not start now!

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Answered on 2/13/08, 11:31 pm

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