Legal Question in Landlord & Tenant Law in California

roomates rights

We rented an apartment for my daughter with a 1 year lease her roomate signed the lease also, but didn't disclose that her boyfriend was moving in with her my daughter doesn't want a guy living with them and has ask the roomate to ask her boyfriend to move out. She stated in her ad for a roomate that she wanted 1 roomate. The roomate says it's not such a big deal, well it is to us this roomates isn't going to ask her boyfriend to leave so can we tell her to move because she didn't disclose that he would be living there and is not on the lease? What are our rights. The land lady said we need to work it out.


Asked on 8/25/05, 1:08 am

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: roomates rights

If your daughter advertised for a roommate, perhaps she can be considered the sublessor and the roommate a sublessee (despite the roommate's signing of the lease). If that's the case, she can give the friend a 3 day notice to abate or quit, since the terms of the oral agreement included only one other person. Otherwise, the landlord's going to have to get involved.

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Answered on 8/25/05, 3:37 am


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