“Guests and fish begin to smell after 3 days.” Tony Wheeler
The rental agreement that I personally use, allows for an additional tenant, subject to LANDLORD’S written consent. Without such written consent, the additional occupancy is a violation of the lease. This gives me a choice of whether or not I want the “guest” to become my new tenant.
THE BASICS
If a “guest stays in your rental apartment with approval of the tenant, for more than 14 days during a six-month period or 7 consecutive nights, they are in violation. The first thing to do is consult with a real estate attorney, who specializes in evictions BEFORE moving forward. They will likely have you serve the additional guest with a 30-DAY NOTICE. You may decide that you are ok with the additional tenant and add them to the lease, and adjust the rental amount. Your attorney will make sure you use the proper forms and that your rent raise is within the law.
TYPES OF “GUESTS”
In a single-family home, There is the “single lodger” law (1946.5) which says that after 30 days, the “guest” becomes a trespasser and can be removed by police. This is as opposed to a “gratuitous guest” who is residing in the property because of the goodwill of the owner. The laws are similar when renting a room in your home.
OCCUPANCY MAXIMUMS
According to California law, the maximum occupancy for a unit is two people per bedroom plus one, so if you had 2 bedrooms, you could have 5 tenants. There are no additional considerations for the number of bathrooms or the total square footage of the unit.
PROCEED WITH CAUTION
It is not uncommon for a tenant to move in with a boyfriend or a girlfriend without giving you, the landlord, any notice. When that person moves in, this obviously, presents you with additional liability, additional wear and tear on your unit, increased utility usage, and also a tenant who was not selected by you. If you run into such a situation, it is probably a good idea to speak with your original tenant, get an application on the guest and proceed with a rent raise. When it becomes difficult, is when the guest is not a person you would have chosen, or has other issues which would cause you not to want them as a tenant. Always speak to a good eviction attorney, even before you call your original tenant. Hopefully, you can work it out, but if not, especially with current rent control laws, it is very important that you proceed legally.
“Haste makes work which caution prevents.” William Penn
What we at PRS PROPERTIES CAN DO. We can refer you to companies doing background checks. We can also refer you to eviction professionals if needed. If you should decide to sell, we can help you exchange into a larger or smaller property or properties, or we can help you move into something with fewer management responsibilities. We can also recommend experienced licensed contractors who can perform any repairs or installations you may need prior to selling. We can also look at your building for other easy and inexpensive changes that might allow you to get a higher value. We can help you to get the maximum value for your property, should you decide to sell, or the maximum return if you are planning to keep your building.
We always have many investors who are looking for “as-is” properties and are willing to purchase with low rents, deferred maintenance, or even with a problem tenant in place. We have put together numerous transactions over the years which involve properties that are not listed for sale. Many investors are currently in 1031 exchanges and need to identify a replacement property before their 45-day identification period runs out.
Should you decide to put your property on the market, we will put together an aggressive, targeted, and professional campaign to get your property sold fast. We have been doing this for over 40 years, and we will use all the tools available to bring you the most dollars at closing. If you are thinking of selling or are just curious about the value of your property, don’t hesitate to give us a call.
Remember – KNOWLEDGE IS POWER!
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