Can a landlord enforce a maximum tenancy not on the lease agreement?

I’m living in a fairly spacious house, 2850 sq ft, and the landlord won’t allow my girlfriend to move in. I’ve read the lease agreement several times, and there is no mention of the maximum occupancy or tenancy. The landlord appears to be trying to verbally amend the lease without my agreement. Also, would this be considered discrimination against family, even if not married?

Asked on July 27, 2012 under Real Estate Law, California


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

What the landlord does not want to happen is to have another person move in to the apartment and have no legal control - for lack of a better word - over their activities.  There is probably a "guest" clause in the contract which limits days.  And by having her move in woth out adding her to the lease you may be violating the "sublease" clause.  The landlord may well be with in his rights here and it has nothing to do really with a maximum tenancy issue regarding say zoning laws.  Add her.  Good luck.

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