We have a rental agreement that states 3 people may stay in our 1 bedroom…

We have a rental agreement that states 3 people may stay in our 1 bedroom apartment, If the lady gets married we do not want to continue the agreement. The boyfriend said he could stay 29 days each month. Can we request they leave?

2 thoughts on “We have a rental agreement that states 3 people may stay in our 1 bedroom…

  1. Well, what is the term (duration) remaining on the lease or rental agreement? It does not sound to me, from the limited facts given, that the tenant or tenants are violating the agreement, nor that the marriage of this couple will result in a violation. Based on what I know, it looks to me as though you must either wait for the term lease to expire, then not renew it; or, if this is a month-to-month arrangement, give the appropriate 30-day or 60-day notice.

    Otherwise, you can “request” but not “require,” your tenant(s) to leave.

    I am not going to address the issue of when a guest becomes a tenant or the boyfriend’s 29-day theory because they seem irrelevant to their, and your, rights here.

    Bryan Whipple
    Bryan R. R. Whipple, Attorney at Law
    P O Box 318
    Tomales, CA 94971-0318

  2. It seems that what you are saying, even though Mr. Whipple is right that you don’t say it, is that the fiancee moving in will be four people in the apartment. Otherwise why would you be asking the question. Mr. Whipple is right, though, that if they are on a month-to-month you don’t have to worry about the legal issues. Just give the appropriate notice ending the month-to-month tenancy. That would be 30-days if she has been there less than one year, and 60-days if she has been there over a year. If you are on a lease for a fixed period that has a lot of time left on it, then you do need to deal with the boyfriend’s little game. The fact of the matter is that he cannot stay for 29 days and then leave for a day and say he is not a tenant, any more than you can say a tenant abandoned the property because they go away for a weekend vacation once a month. Most leases limit the number of days per month visitors can stay without the landlord’s consent. Check your lease for such a clause. If it doesn’t have one, visits of over 7 days are generally considered to be adding a tenant, over 14 would definitely be adding a tenant. Also if he gets mail there or changes his address on any official things, such as drivers license, etc., that would be evidence of tenancy.

    Timothy McCormick
    Libris Solutions – Dispute Resolution Services
    1990 N. California Blvd., 8th Fl
    Walnut Creek, CA 94596

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