Q: Under Oregon and Federal law, if I do not charge rent to a friend staying on my property, am I considered a landlord?
If they pay for utilities or property tax and I see none of it, does that change matters?
A: There is no one defining item that determines a landlord-tenant relationship per se. Rent is obviously a huge characteristic and hard to think how one could pay rent and not have it a landlord-tenant relationship but no rent does not necessarily mean such a relationship does not exist. A written agreement, in advance, defining the rights and responsibilities of the parties is always a good idea and may help a lot if the issue ever needs to be litigated. The "guest" paying utilities or taxes does so on your behalf so you do "see it", albeit not directly. Do consider that it is usually much faster and cheaper to have a tenant removed by the law than it is to remove a guest who overstays their welcome and refuses to leave. These situations come up all the time - couple lives together and splits up, with one or both refusing to leave; grandchild moves in to take care of grandma in her last days, grandma dies and grandchild doesn't want to leave grandma's house and the "free" rent; adult child moves back home with parents and then refuses to leave; etc. etc. Each is a very fact specific situation and inquiry and in the end, it ultimately is whatever the Judge or Jury decides it is, regardless of what the parties themselves may declare. There simply are no guarantees. But then, that is true in most of law...and most of life for that matter. Good luck.
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