Antioch, CA asked in Immigration Law and Real Estate Law for California

Q: Can I rent rooms out to a home, I'm half owner too, against the other owners will.

My father and I both own a paid out 4 bedroom home I live there along with my father and his wife. I want to rent 2 rooms out to a homeless sibling with a child. My father agrees, but the problem is his wife dont, so he refused to sign the lease. She has a illegal immigrant or two in the home hiding out. We tried to report them but no officials will take action . I already signed a lease with my sibling and his wife refuses to get her friends' family members out that have no lease, there. Our lease starts tomorrow and my father wife just changed the locks to prevent her to move in.

3 Lawyer Answers

Shan Dimitris Potts

  • Immigration Law Lawyer
  • Glendale, CA
  • Licensed in California

A: This has nothing to do with immigration law unfortunately. You can call ICE and report your case. All the best.

15 years of successful immigration law experience. The answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered are of a general nature only, and are not meant to create an attorney-client relationship.

Richard Samuel Price

  • Redlands, CA
  • Licensed in California

A: You don't have a legal problem. You have a family problem.

Yes, one co-owner can rent out the premises to a tenant without the other co-owner's consent. But you have a situation where you're trying to rent out a room in the home where the co-owners also live.

Instead of trying to figure out the legal ramifications of your renting out a room in your home in which a co-owner doesn't agree to the rental, try talking to your family about a resolution that makes sense to everyone. This is about trying to get along together... not about out-witting the other with a legal maneuver.

Martins I. Imudia

  • Immigration Law Lawyer
  • Tampa, FL

A: This is not an immigration issue. You may need to reclassify. Good luck!

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