Legal Question in Real Estate Law in California
I have my home of 35y (I no longer live in) rented out to my 2 sons and 1 (with rental agreement) other. One of the boys moved in a friend and are sharing his room. My son continues to pay the full rent. This month His friend gave us a check for his Half of the rent. By accepting this partial payment are there legal ramifications we become obligated to.
1 Answer from Attorneys
The distinction between someone who is a guest and someone who is a tenant is not clearly defined in the law, although there are some tests courts will apply to aid in coming to a conclusion when the issue arises. Certainly a major factor will be whether there is any consideration changing hands. Sometimes guests will help defray expenses through cash contributions, and sometimes tenants pay the rent by performing services. Nevertheless, paying money rent is often a deciding factor in whether that extra person in the house is a guest or a tenant (or subtenant). Tenants (and subtenants) have rights of possession and to due process to end their possession. Guests become trespassers shortly after being told to leave. I hope this is helpful.