Legal Question in Real Estate Law in California
Owner or tenant?
3 years ago, I bought a duplex along with two (then) friends; they lived in one unit while I lived in the other. They moved out of state a year ago, and I have been paying them a little more than the equivalent of market rent on the second unit, which I use as a home business. We have never had a written agreement as to this unit, since we all believed that I, as an owner of an "undivided interest" of record, had a right to the use. They are having some financial problems, and now demanding an increased fee for use of "their" unit, along with a rental agreement. I am an owner, not a renter, and am already being generous in what I give them each month. Do they have a legal right to make these demands?
1 Answer from Attorneys
Re: Owner or tenant?
Yes, they do. They are entitled to use (or to receive rent for) half the property. The amount of rent is open to negotiation. A rental agreement is appropriate.
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