Legal Question in Real Estate Law in Pennsylvania

Housemate without a written lease

My boyfriend has a housemate who has lived with him for three years. The HM pays 1/2 the mortgage payment as rent, shares expenses, cooking duties, home care, etc. There is no written agreement or lease signed. What are the HM's rights at this point? If my boyfriend wanted to terminate their agreement, would the HM be able to sue? Is the HM covered under his homeowner's insurance, or could he be in violation of his policy by not stating that he rents out part of the house? What happens if the HM is injured in the home?


Asked on 4/17/01, 9:50 am

1 Answer from Attorneys
Matthew Nahrgang Nahrgang & Associates, P.C.

Re: Housemate without a written lease

I am happy to consult with you on a free initial basis. It is very helpful to discuss all of the ramifications with an experienced real estate attorney. I have ten years' experience as a real estate law practitioner and was in house counsel to a Mortgage Company..

The housemate can be considered to have an oral lease. The question would be the terms including the length of the lease. Regarding the insurance, you have raised an important issue. I suggest you review the policy to attempt to answer that question yourself. If you wish to mail me a copy, I will review it.

In the case of an oral lease, your boyfriend cannot evict the HM, except thru suit. That would be undertaken at the district justice level and he must provide 30 days notice to quit. You ought to consult with me prior to taking any action to assure you comply with the landlord tenant act.

Rest assured, I will provide you with clear and simple advice and information. I look forward to hearing from you via e-mail or by phone at your convenience.

Very truly yours,

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Answered on 6/13/01, 9:30 am


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