Skip to main content

Can a landlord increase the rent if a minor is coming to stay with us and cannot enter contract?

Azusa, CA |

I gave advanced notice to the landlord about minor coming to live with us in emergency. She will be living for 1 year. Contract is month-to-month. We live in Azusa, CA. The contract states the 2 named renters and maximum occupancy is 4. Child (minor) would make that 3. LL wants to raise $200 additional rent for minor.

"The Premises shall not be occupied by more than the maximum number of "Agreement" occupants set out in Section J, unless required by law, nor by any person other than the Named Renter set out in Section K without the advance written consent of the Owner and at additional rent set out in Section L or prescribed by law. "

If a minor cannot enter a contract, can they raise the rent?

Attorney Answers 2


  1. It is fairly common for rental agreements to provide for additional rent if the unit is to be occupied by persons in addition to the named renters. I do not think the fact that a minor cannot enter into a contract has anything to do with it.

    The contract is between the two adult renters and the landlord. If the lease provision is enforceable and you want to continue to live in the unit, I think you need to obtain the Owner’s consent and pay for the extra person the sum set out in Section L.

    I am licensed in California only and my answers and information on Avvo assume California law. Answers and information provided by me is general information only. It is not legal advice. It must not be relied upon by you. Legal advice must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. Therefore, I provide legal advice during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website between us are not privileged or confidential and I assume no duty to you by my participation on Avvo or because I have responded to a question. All legal proceedings involve deadlines and time limiting statutes. So that you do not lose any legal rights for failure to timely take appropriate action for your situation, and because I have not provided legal advice in response to your question, you should promptly and personally consult with an attorney for legal advice. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference.


  2. The fact that the new tenant is a minor has nothing to do with this.
    The dispute is between you and the landlord.
    If the lease allows up to four people, and there are four people or less, then the landlord is probably not allowed to increase the rent.
    To be sure, you should take the lease agreement any other documentation to an attorney for a consultation.
    You could also contact the rent control board, if any, for your city.
    There are also organizations that provide low or no cost help to people in your situation.
    You can also read up on your rights as a tenant at the Department of Consumer Affairs website:
    http://www.dca.ca.gov/publications/landlordbook/catenant.pdf

Real estate topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics