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How to Avoid Creating a Legal Tenancy

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  • 12-19-2016, 09:56 AM
    douglasssmith
    How to Avoid Creating a Legal Tenancy
    This involves a condo in the City of Los Angeles, County of Los Angeles, State of California that -- to my knowledge -- is not subject to rent control.

    I have a condo that I use as a sort of pied de terre and informal photo studio. In the past several months, the couple next door have inquired about purchasing my unit. I said no, but I'd keep them in mind if I decide to sell. They are now renovating their unit and asked if they could store their furniture in my place for 4-5 weeks during the course of construction. I don't have any reason to believe that their request is anything other than face value -- but you never know. If they want my unit, could this rental be a Trojan Horse? In any case, in an abundance of caution and not wanting to create a legal tenancy, I said they could store their things for 28 days. They have agreed. (This will take place in January.) But becoming more paranoid -- for no particular reason -- I have begun to wonder what happens if on the 26th day (for instance), they tell me that construction will take another two weeks and can they stay? Any good neighbor would say of course. How could I possibly say no and tell them they have to put their furniture into a dusty construction site? But is that what I should say? Am I putting myself at risk? Or should I just take a chill pill?
  • 12-19-2016, 11:58 AM
    llworking
    Re: Avoiding Legal Tenancy
    Quote:

    Quoting douglasssmith
    View Post
    This involves a condo in the City of Los Angeles, County of Los Angeles, State of California that -- to my knowledge -- is not subject to rent control.

    I have a condo that I use as a sort of pied de terre and informal photo studio. In the past several months, the couple next door have inquired about purchasing my unit. I said no, but I'd keep them in mind if I decide to sell. They are now renovating their unit and asked if they could store their furniture in my place for 4-5 weeks during the course of construction. I don't have any reason to believe that their request is anything other than face value -- but you never know. If they want my unit, could this rental be a Trojan Horse? In any case, in an abundance of caution and not wanting to create a legal tenancy, I said they could store their things for 28 days. They have agreed. (This will take place in January.) But becoming more paranoid -- for no particular reason -- I have begun to wonder what happens if on the 26th day (for instance), they tell me that construction will take another two weeks and can they stay? Any good neighbor would say of course. How could I possibly say no and tell them they have to put their furniture into a dusty construction site? But is that what I should say? Am I putting myself at risk? Or should I just take a chill pill?

    I would certainly never do what you are doing.
  • 12-19-2016, 12:04 PM
    eerelations
    Re: Avoiding Legal Tenancy
    Neither would I, or at least not without an ironclad contract drafted by a reputable attorney.
  • 12-19-2016, 01:53 PM
    adjusterjack
    Re: How to Avoid Creating a Legal Tenancy
    You've been on this site for almost 4 years and you have to even ask. Presumably you have read many posts by people who have gotten into situations that they were too stupid to stay out of and sorely regretted later.

    Only an idiot would agree to store all that crap for a neighbor. Money or no money, contract or no contract, just freaking DON'T DO IT. Period.

    If you have to give them a response, just say "I've thought it over and I'm not in a position to help you out. Sorry." That's all you need to say, you don't need to explain yourself. Hand them a list of nearby self storage facilities. If they can afford to renovate their condo they can afford to move their stuff into storage while it's happening.
  • 12-20-2016, 10:53 AM
    douglasssmith
    Re: How to Avoid Creating a Legal Tenancy
    Adjusterjack:

    I hear you, but life is a balancing act. You might choose to kiss after a date even though a kiss can lead to an infection and you can die. I thought about this for a while before I said yes trying to strike the right balance between being a good neighbor and putting myself at risk. Okay, I got it wrong and will back out of the agreement. Even though you were hard on me in providing an answer, I really do appreciate your advice and counsel.
  • 12-20-2016, 11:15 AM
    geek
    Re: How to Avoid Creating a Legal Tenancy
    If they want to store their items there, they will want a key so that they can have access to them. Just think of all the things that could go wrong with that.
  • 12-20-2016, 01:49 PM
    douglasssmith
    Re: How to Avoid Creating a Legal Tenancy
    Quote:

    Quoting geek
    View Post
    If they want to store their items there, they will want a key so that they can have access to them. Just think of all the things that could go wrong with that.

    The place is practically empty and there is lots of space. The only thing there is a stand with photo background paper, a table, an easy chair, two stools and a TV. Total value maybe $400. My lights are portable and I bring them if I have a shoot. Because it's almost empty and rarely used is why, I guess, they felt comfortable asking. Bringing their stuff 10 feet next door is a lot easier than down the elevator and to a different building. But I listened to the unanimous opinions here, and backed out an hour ago. I already got his reply: "Understood. Thank you for the consideration."
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