Legal Question in Real Estate Law in California

I have a 2 bedroom condo. I am planning to buy a house out of town and planning to rent out the condo by rooms to 2 tenants. Even though I get the house out of town, I still need to come to the town a couple of days per week for my business and I am thinking I want to stay in the living room of the condo. So, here is the question. Is it legal for me to stay in the living room of the rental property? Or is it acceptable if I only rent out 1 bedroom and keep the another for myself?


Asked on 8/04/09, 2:23 pm

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

I think I answered this already. This arrangement is not illegal (unless restricted by some local ordinance or CC&R or HOA rule). However, it seems impractical for at least two reasons. First, there is a limited pool of tenants that would accept such an arrangement, and you'd probably take a big cut in rent. Second, your rental agreement would have to be customized to spell out everyone's respective rights, since tenants do get exclusive possession unless the lease specifies otherwise in plain language.

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Answered on 8/08/09, 2:59 pm


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