Legal Question in Landlord & Tenant Law in California
renting out mother-in-law unit attached to my house
It's a 400 sq ft ''studio'', private
entrance. NO real living space shared
except the garden. Can I avoid the
landlord/tenant contract & call them
a ''roommate''? Renting month to
month. Would this allow me to give a
months notice to the ''roommate'' to
move out if things don't work out
without any legal hassel by them.
What is the difference in the rights to
rent as a ''roommate'' vs ''tenant''?
What are my rights as a homeowner
to share my space with someone? I
will be asking for rent $$ & don't
want to do a written contract.
Thanx
1 Answer from Attorneys
Re: renting out mother-in-law unit attached to my house
What a strange question!
No matter what you call him/her, this is a tenant and not a roommate.
You need to give 30 days notice, whether or not there is a written lease.
You don't need to give a written contract. An oral agreement, i.e. contract, is a binding as a written one...just harder to prove.
Your rights as a homeowner depend on your contract with the tenant. The answers you require are too long and complicated.
I would go to Nolo Press for a book on being a landlord.
You are welcome, my friend, and let me know by e-mail, or phone, if you need more help.
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