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

Q: In California, can one owner of a house charge their co-owner rent? More information below.

Let's say two people co-own a house in Santa Ana, CA, but only one of them is living in the house. Can the one living *outside* the house charge rent to the one living inside? (My mother and aunt are co-landladies of a house. My mom wants to move into that house, but her sister would charge her rent. Such an arrangement would lower her total income from what it is now.)

1 Lawyer Answer
Howard E. Kane
Howard E. Kane
  • Oakland, CA
  • Licensed in California

A: This is a really good question that comes up regularly in co-ownership situations. The co-owners should sit down with an attorney or mediator and come up with a co-ownership agreement. Legally, both co-owners are entitled to possession, responsible for the bills and costs associated with ownership, and both co-owners are entitled to split the profits as well.

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