Q: Do I need a new rental contract for someone living in rental but not on the original rental agreement?
The master tenant is moving out at the end of the month. However, her mother (not on the original rental agreement) is now living in the rental, has no income, and no place to go. I am ok with her staying a couple months until she can find a living situation, but should I write up a formal agreement outlining this temporary arrangement to protect myself from her staying indefinitely? I do not intend to put new renters in - the plan is to fix up the house to eventually sell.
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A:
Under California law, it is advisable to create a written agreement if you allow someone to stay in your rental property who was not on the original lease. This helps protect your interests and clearly defines the terms of the temporary arrangement. Without a written agreement, you risk potential complications if the individual decides to stay longer than you intend.
In the agreement, outline the duration of the stay, any expectations for rent or utility payments, and any other relevant terms. This provides clear communication and sets boundaries for both parties. It's important to specify that this arrangement is temporary and detail the expected move-out date.
Even if you do not plan to put new renters in and intend to fix up the house for sale, having this agreement in place ensures that the occupant understands the temporary nature of their stay. This can help prevent misunderstandings and protect you from any potential legal issues down the line.
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