Legal Question in Landlord & Tenant Law in California

Very sadly my friend wrote an agreement that was supoose to be a guest agreement and she wrote a "rental agreement" for me while I was in family crisis( one died and other very ill) The home belongs to me 93 year old Mother who is very ill and I must get things legal. To keep the house if Mom passes I must have another guest/ roommate. Can I create a guest agreement, waiving her SF rent stabilzation rights and leave her rent the same?Must tenent sign it or move out? Can I rasie her rent? If so how much and how often? THE BASICS ARE: San Francisco Rent Contolled illegal in-law unit, rental agreement with terms leased month to month, tenant here for 3 months on leased month to month rental agreement --before that tenat was here 2 months on a week to week basis ,no full kitchen only a refrigerator , private entrance, 900 sq ft for $1,000 per mont due on the 1st including all utilities, internet , tenant has paid one month late with $200 on the 20th of the month ( $600 cash was given on the 1st $200 cash on the 2nd a check on the 4th that had insufficent funds and paid $200 by cashiers check on the the 20th), the 2nd month tenant paid by cashiers check on the 3rd, the 3rd month tenant paid by cashiers check on the 2nd of the next month


Asked on 12/13/10, 9:56 am

1 Answer from Attorneys

This is not my area of expertise and I am only going to comment generally on issues that come to my attention. First, your friend may be engaged in the unlawful practice of law. You state that "she wrote a "rental agreement" for you..." Unless she is an attorney or a party to the agreement she is treading in dangerous waters. Second, it really does not matter what the agreement is titled, but what the terms of the agreement are in determining what type of agreement it is. If my memory serves, any agreement involving a lease for a year or more must be in writing. Thus, the tenant must sign the agreement if this is the case. Lastly, whether a individual is a tenant or guest is determined by law and not by the proclamation of the property owner. Therefore, if the individual claims the premises as his residence, does not own (or rent) any other real property and stays there for extended period of time he will probably be determined to be a tenant and not a guest. I am unable to comment on the rent stabilization issue without conducting legal research that is beyond what I will do for a free question. I highly recommend that you consult with an attorney in the San Francisco area for more specific answers to your questions.

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Answered on 12/22/10, 2:23 pm


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