Legal Question in Real Estate Law in California

co-habitation

I am a male currently residing in Florida and have met a woman in California

during a recent visit who has offered me an opportunity to rent a room in her

home. We are both single AND somewhat attracted to each other; my concern is how do I/We

protect ourselves if comlications arise? In other words, what type of

rental or other agreement would be appropriate in spelling out the terms and

conditions of living together. My thoughts are a simple rental agreement for

say 6 months...and if things become serious romantically then perhaps a

co-habitional agreement??? Neither of us are marriage minded.

Thanks so much!

--name removed--


Asked on 10/18/99, 11:53 am

1 Answer from Attorneys

William W. Fernandez, Sr., J.D. Law Ofc. Wm. W. Fernandez, Sr., J.D., Atty. at Law

Co-habitation Protection

Facts: Owner of home wants possible lover to move into her home.

Q. How do we protect ourselves if comlications arise?

A. Your ideas of a written lease/cohabitation agreement are good ideas but be careful what you say in them as it sets the tone for the rest of your relationship. You may focus too much on the legality and lose the relationship before it starts. There is no real way to protect your feelings without taking a chance and if you protect your assets too much, the emotional relationship may suffer. Even if your legal relationship/contract survives, it may be unacceptable to continue to enforce it. A standard lease would be a good starting point with a security deposit and first and last month's rent.

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Answered on 10/20/99, 11:11 am


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