Legal Question in Real Estate Law in California
My daugher rented a section 8 home and I posted the deposit, did I create a tenancy?
2 Answers from Attorneys
I'd say probably not; what you did facilitated the creation of a tenancy, but did not in itself create it. A tenancy "involves an interest in realty which passes to the tenant" and is "possession or occupancy of land or premises under lease" according to Black's Law Dictionary. "To constitute tenancy, tenant must acquire some definite control and possession of premises." Your daughter would be the tenant and assuming you provided the deposit but she is the one who is entitled to take possession, she is the tenant and the tenancy was created by the landlord giving her access. The question appears somewhat hair-splitting and hypothetical, especially as asked. Are you really looking for some additional or other information, such as whether you are entitled to access or co-possession?
Not for yourself. You're not a tenant unless you pay rent for the space you occupy and the landlord accepts it.