Lodger Agreement California: Fill & Download for Free

I think, as it stands in England, I know for certain that if he stays and doesn't pay rent, you can kick him out at any time. It's your house, you pay for it and that's final.Obviously you could take Tim's advice below and just not let them stay - that would be the smart thing. However, if he does not stay you can get him kicked out by the police because he does not live there, contribute to household income or payments and therefore he is a 'guest' and is now technically 'trespassing'. Most cases though, they'll leave without any problems.If that person is paying money, in the UK we would call them a 'lodger'. Lodgers are like tenants without their own private space. They are known as Excluded Occupiers. As it stands, Excluded occupiers (which your friend would be) have few legal rights and fixed-term or periodic agreements can be drawn-up by the landlord (you). preferably on paper with both signatures.These agreements are usually fixed for a certain amount of time HOWEVER, since they are excluded occupiers and they have few legal rights, you can evict them at any time with notice.They can also be forcibly removed for criminal damage to your property. (since they don't actually own their room/domicile)That's how it stands in the UK. I'm not sure which country you're in so I would check your own country's laws on their government website first but I can hazard a guess that it would be relatively similar.EDIT: I just read some good information that might be important:You should put in writing, clearly any fees that were given to you by the occupier (if any) and ensure that you state whether it was a deposit or not. Deposits have to be returned on eviction. If your occupier pays you a sum of money for living there, be sure to specify whether it is a deposit so in the unlikely event, you can produce it as evidence in court - since your occupier could TRY to sue you and claim it as a deposit, although this is were hearsay comes in and things get a little complicated - so be sure to outline in an agreement that no deposits were paid to make things simpler.This is just a safety-net really and shouldn't really come into play BUT in the unfortunate event it does, you've come prepared!

Check with your local housing authority for the differences between a squatter; a tenant; a lease and a lodger. In California a person is considered a “lodger” when the agreement to stay is verbal and there are other definable rules but this I know for certain if the landlord lives in the same dwelling or on the same property and wants the mooch to go its 3 days no matter how long; how much mail is delivered to the addrese; where the guest sleeps etc. Taking the doors off the hinges or getting a permit to renovate or evaluate something that might be leaking like a heater or gas line etc(wink wink) the landlord can shut down power water gas and post a no trespass because of possible danger. The sheriff will have the couch surfer out by dinnertime

Legally speaking, if there is no binding agreement like a lease agreement between the renter and the rentee which specifically outlines the conditions under which the person renting must be satisfied with, there is nothing preventing you from doing so. If the person living in the boiler room contacts the authorities about the conditions they have no legal ground because they are a tenant at will and do not have any lease agreement. You may find it difficult, however, to rent your boiler room to someone for $700 because most people know what a lease agreement is and typically ask if one is available to make sure that the person who they are renting from treats them according to agreement and not to how they see necessary. This could include agreements on living conditions and notices given out to tenants under lease agreement about any and all upcoming changes that will affect them (such as eviction, where under agreement you are legally required to give them a lengthy notice in advance.)Here is a legal excerpt from a website called Legal Beagle which specifically outlines your question:Laws on Renting a RoomReviewed by: Melissa Cheri, J. D., M. S.February 25, 2019By: Danielle SmythGetting a roommate as a tenant in a room of your house can be a great way to make some extra money and capitalize on your additional space. But what do you do if it’s not working out? Can you legally make a roommate move out, and if so, how would you go about doing so? Understanding the law as it relates to renting a room is important whether you are the tenant or the landlord.How Can You Evict a Renter?Once you’ve gotten to the point of desiring eviction – legally forcing someone to leave your house – one would assume you’ve already verbally asked the tenant to leave, and they have either refused or are dragging their feet on vacating the room. To formally begin the eviction process, you must serve them with a written notice, such as a termination notice, giving them 30 days to vacate.In New York, for example, this is called beginning a roommate holdover case. You will need to be able to prove in court that you served this notice and the date on which it was served. While handing the renter a letter may suffice, sending the letter with a signature and notarization requirement means they have to sign it indicating the date on which they received the letter. It may seem silly to mail a letter to someone who is living in the next room, but creating the proper paper trail is important to proceed legally.Regardless of the relationship you have with the tenant, there are certain rules and procedures that must be followed. In the eviction notice, you must state the problem – such as nonpayment of rent – with the tenant, and either give him a certain amount of time, say 30 days, to remedy the problem. If those criteria are not met, you’ll be required to go to court to request that the tenant be evicted legally.The landlord is not required to give you a reason, nor a chance to make good on a bad situation. If you do not have a lease agreement, or the sublesseee is not listed on your lease, you still must proceed with written notice. Further, if you have been subleasing to another individual, asking the landlord for an eviction can cause you to be evicted yourself for taking in an unauthorized tenant without the landlord’s knowledge and approval.Reasons for eviction vary from state to state, but generally include nonpayment of rent, damage to the property, activity that violates the terms of the lease or use of the property for illegal activity. Any way the tenant has broken the lease agreement can be used for eviction, including, for example, the renter's insistence upon keeping a pet if you have a no pets stipulation in the lease.What Are a Tenant’s Rights?If you are co-tenants or have subleased to another person, you cannot evict someone. Further, if you are a co-tenant listed on a lease, the other party cannot simply kick you out, even if you stop paying rent. This is because you have the right, as a tenant, to notice prior to eviction.Other tenants rights include the right to a safe environment, and the landlord may be in violation of the agreement if living conditions are not safe. That can be broadly defined, so it’s important to understand the specifics of landlord-tenant law in your particular state.However, what’s uniformly true is that the best way to deal with a problem with your landlord is not by cessation of rent payment. By law, you are required to pay your rent as stipulated in your lease agreement. If living conditions are not satisfactory or you are endangered and the landlord has not addressed the problem, you should set up an escrow account and notify your landlord you will pay rent into that account until the problem is fixed.If you do not have a lease agreement, you unfortunately may have no guarantee of any rights. The lease is a legal document and both parties have responsibilities therein. If you fear for your safety because of a roommate or landlord, contact the police.Rights of LodgersIn some states, like California, someone who rents a room is referred to as a lodger. Your rights are spelled out in your rental agreement. Even without a lease, landlord-tenant laws apply to both parties in California.Lodgers may be roommates in an owner-occupied house and do not necessarily have the same rights as tenants. Roommates of this sort may not have the same privacy expectations as tenants, depending on the laws of their jurisdictions. In addition, eviction proceedings may differ depending on both jurisdiction and any legally binding written agreements between the lodger and owner of the home.There are many resources available to you if you need to file a complaint against your landlord. Fair housing laws and advocate agencies can help you if you need to file a complaint about your landlord. These agencies help you navigate difficult situations with landlord-tenant or and landloard-lodger issues. Small claims court may also be a good resource to address concerns with your landlord while protecting your rights as a tenant.Paying Rent Without a LeaseA tenant living with the landlord’s permission but without a lease is called a tenant at will. Typically, when you have this type of living arrangement, you pay rent to the landlord each month and it’s considered a month-to-month tenancy. While the lack of a contract may feel freeing, this arrangement affords you little protection under the law if there is a problem. In some instances, a landlord may simply ask you to leave or otherwise notify you that they want you gone, and you must leave in a matter of a few days. In other cases, state law protects tenants at will and requires that they receive notice equal to the term of their lease.You should consider carefully entering into a housing situation where no lease is suggested or required. Renting a room with no lease does not protect you legally in most situations that could arise. If you are renting a room in someone's house, ask about signing a lease before you move in. Some landlords may not want to use a lease because the living unit is not a legal residence or up to required codes to serve as a rental unit. You will be at a legal disadvantage throughout your tenancy here. If there is a problem, there’s no way to legally compel the landlord to resolve it.