Legal Question in Landlord & Tenant Law in California

My question concerns lessor and lessee but not that simple.

My brother and myself own share ownership of my Father's house since past April. We also share a trust from our Dad. He and his family are living in the home and we made a deal verbally for the amount of rent he would pay. The rent goes directly into the trust and we both have full access. He has not signed a lease yet and avoids it every time I try to have him sign a basic simple one off the internet. (freebies4ya.com) He now has come up with the idea that he does not have to rent from me as the lessor on the top line and says he can rent from the trust. Who does he rent from? a trust cannot specify what he can or cannot do in or with the house but at least I can write it down so we can both abide by it. I need to protect myself and my interests.

Gale


Asked on 12/24/11, 12:01 pm

1 Answer from Attorneys

If he owns any portion of the house he owes no rent and he is not obligated to lease from the trust or you or himself. Co-owners have full right to use and occupancy of the premises, subject to any use agreements between them. You would need some form of defined use agreement if he is going to be obligated to pay for use of the house. It would not be a lease, but rather a contract among the co-owners. It would be signed by him, you and the trustee as co-owners.

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Answered on 12/24/11, 2:22 pm


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