Skip to main content

Why can't i rent a room to roommates when I own my condo?

San Leandro, CA |

CC&Rs state Each Owner shall have the right to lease the Owner's Condominium provided that such lease is in writing. Leases of only a portion of a Residential Unit are not allowed. An Owner who rents his or her Residential Unit shall not occupy the Residential Unit during the term of the lease or rental agreement. This seems to also rule out me ever having a significant other move into my own home.

+ Read More

Attorney answers 2


It does not make a lot of sense that you would be leasing a portion of your condo to any significant other while you are also occupying the property, and I would doubt that there is any rule governing who an owner can share his unit with. I do not believe a sharing of expenses with the significant other would necessarily equate with a lease or rental agreement. Many condo associations have legitimate concerns with renters and have rules addressing those concerns which you agreed to when you bought the unit. There are judicial means available to test the applicability of these rules which would probably be expensive and premature.
Disclaimer: California attorney Robert Miller has practiced for over 45 years and restricts his practice to real estate and probate matters in the Central District of Los Angeles. Any opinion expressed is for general informational purposes only, no attorney-client relationship is intended or created by this answer, and no action or inaction should be contemplated without first employing and consulting with a competent attorney convenient to the questioner.


It’s hard to understand why the rule exists. It probably comes from people living near universities and colleges where they are renting out spaces to four or five people or their students coming into the schools. Yes, probably enforceable. If you had a significant other, he or she would not be paying rent so they would not be a renter so that wouldn’t fall within the provisions of the CC&R’s.

If you have found this information helpful, please let the attorney know by marking best answer. Thank you. This participating Attorney does not warrant any information provided, nor are we creating an Attorney-Client relationship by providing said information to you on this site. Nothing contained herein is intended to constitute, offer, induce, promise, or contract of any kind. The content provided is presented as a courtesy to be used only for informational purposes and is not represented to be error free. The Law Offices of John N. Kitta makes no representations or warranties of any kind with respect to its answer to inquiries, and such representations and warranties are being expressly disclaimed. Given limited facts, we are attempting to share relevant information concerning this area of the law as a public service.