Can my landlord dictate how often i have an overnight guest?

Candace
Other/Just Looking
94044

I rent a room in a house with three other individuals. My boyfriend stays overnight a couple nights a week. The whole year and a half previously there was never an issue with this. Now my landlord is trying to charge me $6 dollar everynight he stays or $180 per month. Is this legal? i feel i am being targeted b/c two of the four tenants in the house are relatives of the owner of the house. they have their girlfriends staying over the same amount my boyfriend stays over. How do i know they are paying? I feel this is unfair and there should have been an agreement in the beginning. They make up rules as they go along. I need some advice asap!

Answers (3)
Vicki Moore
Agent
San Mateo, CA

Here's a link to the landlord/tenant law: http://www.dca.ca.gov/publications/landlordbook/index.shtml

Sun Jun 21 2009, 14:51
Oscar Bautista
Agent
South San Francisco,...

You need to check your Rental/Lease Agreement. In most (if not all) Rental or Lease Agreement has a section under "No Assignment or Subletting:. ...."Anyone other than the authorized Tenants listed above who resides at the premises more than three (3) days in any thirty day period shall be considered unauthorized sub-Tenant and an incurable violation of the Rental Agreement. If the Landlord should consent to one or more assignment in writing, such consent shall not be deemed a consent to any subsequent assignment or subletting. The acceptance by the Landlord of rent or any other payment from the Tenant or from any other person or entity after a purported assignment or subletting shall not be deemed a consent or waiver by the Landlord to an assignment or subletting, nor a consent or waiver of any subsequent assignment or subletting".

Sat Jun 20 2009, 10:54
Sue Vaterlaus
Agent
94044
FIRST ANSWER

It really depends on what your lease says. You should still have a lease even if you are only renting a room. It does cost the owner more to have an additional person living there but I agree with you, that it should have been in writing from the beginning.

Fri Jun 19 2009, 22:11

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