Los Angeles, CA asked in Real Estate Law and Landlord - Tenant for Colorado

Q: I'm the landlord. Lease states occupancy no more than two adults without written okay, can minor child occupy?

We are six months into a two-year lease. Found out tenant has her daughter living there. No notice given. Lease states occupancy "...no more than two adults without prior written permission from Lessor." Technically is my tenant in breach of the lease?

2 Lawyer Answers

Donald C Eby

  • Landlord Tenant Lawyer
  • Castle Rock, CO
  • Licensed in Colorado

A: It is not likely that a Judge would evict this tenant on the facts you present.

James Alan Greer

  • Boulder, CO
  • Licensed in Colorado

A: Dear Landlord With Potential Breaching Tenant: An occupancy limit can be a valid condition to a Lease Agreement and if your current tenant has concealed the fact that they exceeded the occupancy then they are technically in Breach of Lease (more than two tenants, including one minor). Of course, there are "business decision" alternatives to evicting a tenant (especially timely paying tenants) for occupancy issues, including new negotiations for an increase in the lease Rate (increase might be justified due to additional wear-and-tear, etc). So, unless there is an occupancy limit in your local municipality, or you have other concerns like septic over-usage, maybe you meet with the Tenant, have them acknowledge the over-occupancy, and discuss rental rate increase.

JIM GREER is an attorney licensed to practice in CO and CA and has specialized in real estate transactions for the past 30 years; nothing herein shall be construed as the offering of legal advice insofar as Mr. Greer is not in an attorney-client capacity with the inquiring party.

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