Legal Question in Real Estate Law in California
Rent dispute
I have been bothered by my girlfriend's roommates, who want me to pay them rent for the time I spent at their apartment back in September. There was no oral or written agreement of any kind to pay anything. They want me to pay one fifth of the rent (there are four girls splitting the rent). They allowed me to stay with them for two weeks to find my own place. It dragged on for another three, because I couldn't find my place until that time. They never said anything until a month later. I refused because I wasn't a roommate. I am concerned that there is a clause in their agreement about guests. What is the usual procedure about guests? And what am I obligated to do?
2 Answers from Attorneys
Re: Rent dispute
Not a thing.
Re: Rent dispute
There is no precise legal line between guests and roommates. By the time you move in furniture, have your mail delivered and maybe order a telephone listing at an address, it's probably your residence and you are a roommate. However, you might stay somewhere for months and still be considered a guest if you had another address.
In addition, becoming a tenant (roommate being a type of tenancy for our purposes) requires a contract. Contracts don't have to be in writing, or even oral; they can be implied by the facts. If there are facts that show you should reasonably have expected to pay at the time you were overstaying your original invitation, this might imply a promise to pay.
Nevertheless, I think you have a pretty strong case. Are you concerned from a LEGAL or MORAL obligation standpoint? I doubt you'll be sued and if you are you'll almost certainly prevail, but maybe if you want to stay in the good graces of the ladies involved you should take them all out for dinner to thank them for their hospitality, which apparently was a great benefit to you.
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