Legal Question in Real Estate Law in California

Owner occupied/roomate agreement

What type of rental agreement/roomate agreement will I need for a owner occupied residence renting two rooms to two seperate individuals who will work on my house for exchange for rent. Thankyou


Asked on 6/09/09, 1:11 pm

2 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Owner occupied/roomate agreement

Aside from the homeowners' insurance issue which is of overriding importance, your other problem is they aren't going to do any work, they are going to sit around drinking beer and watching TV, and unless your agreement us very specific about what work they are going to do, and how you will measure the results, your arrangement is doomed to failure no matter who writes the contract.

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Answered on 6/09/09, 3:27 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Owner occupied/roomate agreement

Under the circumstances you describe, the two nonowner-occumants are likely to be lodgers, rather than tenants. I assume you are remaining pretty much in control of the common areas, the kitchen, etc., keeping keys, paying the utilities, and so on. These are some hallmarks of an owner-lodger relationship rather than a landlord-tenant arrangement. Lodgers are not tenants. They are mere licensees, and have substantially lesser rights. Among other things, they are not subject to the notice and formal eviction processes and can generally be told to leave at any time on short (but reasonable) notice.

This being the case, I'd suggest a combined work-and-lodging agreement in writing, detailing the work to be done, that their "pay" is free lodging, that they are not tenants, and that the work engagement and the lodgings can be terminated at any time when in your opinion the work is not satisfactory.

Don't forget the insurance!

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Answered on 6/09/09, 7:49 pm


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