[quote=moneymaker]EconProf from this link http://www.wimer.net/landlord/a/landlords_rights.pdf it states
“Also, you cannot evict you
while the lease is in effect, except for reasons
such as your damaging the property or failing to
pay rent. A lease gives you and the tenant the security of a
long-term agreement at a known rent.
The disadvantage of a lease is that if the tenant
ends up being undersirable, but complies with
the terms of the lease you must ride out the term.”
I believe marriage is a protected category as far as discrimination goes, so if you want to risk a lawsuit evict away.
My personal take would be if he spends less than half the nights there he is not a tenant.[/quote]
It doesn’t matter if marital status is a protected status (which I don’t think it is)… If the lease states a specific occupancy, and the new spouse exceeds that occupancy – you’re in violation of the lease and need to ask to have the lease amended.
I’ve got an email out to an attorney.
As I said – I’m not trying to be a jerk and say she can’t have him spend the night…. but every night for an extended period raises red flags that he’s moving in, and I want to work with her, while still protecting my rights to choose who is renting.
California appears to be pretty flakey on the whole de-facto tenant and sub-tenant rulings… I don’t want to get screwed.
