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  1. #1
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    Apr 2015
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    Default Parents Letting Tenant Move in Rent Free for Indefinite Period

    My question involves landlord-tenant law in the State of: California

    Oh boy. My 80yr old father-in-law and his wife have just created and signed an agreement to let a neighbor move his camper trailer onto their property, rent free... for as long as he wants. My wife is freaking out. To summarize the agreement, its a handwritten note signed by Father-in-law, his wife, and the would be tenant. The tenant is a 55 year old neighbor that is losing his house. My in-laws are nice people, so they offered to let him move his trailer on, make improvements, at no cost to them... (pad, septic, etc.). He is a contractor and claims his friends will do all the work for trade. The agreement explicitly states he can stay as long as he likes until the house is sold, then he gets 60 days to move out. No rent, must leave improvements behind with no compensation. It also states that any work he does for them will be compensated for appropriately... I'm not sure why they put that in explicitly...

    So other than the basic fears..., like him taking advantage of them as they get older yet, or getting them to sign things without them knowing what it means, or doing work on their house and saying its free of charge, only to ask for money when my wife eventually inherits the property, and the work he does will probably not be permitted. It is out in the country, so doubt anyone will care.... so other than these, are there other things we should be worried about legally? Is this agreement binding? Could he still claim he is owed for improvements? Could he squat there long after the property sells and his 60 days are up, and we have to consider him protected under renter's rights? Even if he is not paying any rent?

    Anything else and any advice appreciated. This is just one screwy situation.

    Thanks.

  2. #2
    Join Date
    Sep 2010
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    19,901

    Default Re: Parents Letting Tenant Move in Rent Free for Indefinite Period

    What makes you think your wife has any say over what her parents do? You're wife is counting her eggs before they're hatched. The parents are not obliged to let her inherit the house. If she acts like a greedy self-entitled child, they may give it to the neighbor she hates. Most likely if he doesn't move out on his own, your parents will have to evict him.

  3. #3
    Join Date
    Mar 2013
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    18,340

    Default Re: Parents Letting Tenant Move in Rent Free for Indefinite Period

    Quote Quoting nimbenja
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    other than these, are there other things we should be worried about legally?
    No, because it's none of your business. Your in-laws made a decision and made the agreement. It's done.

    Quote Quoting nimbenja
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    Is this agreement binding?
    Of course it's binding.

    Quote Quoting nimbenja
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    Could he still claim he is owed for improvements?
    Sure. He can "claim" anything he wants. Doesn't mean he's going to get it.

    Quote Quoting nimbenja
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    Could he squat there long after the property sells and his 60 days are up,
    Sure. He could.

    Quote Quoting nimbenja
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    we have to consider him protected under renter's rights? Even if he is not paying any rent?
    There's no "we" here. You and your wife aren't party to the arrangement. You don't get to "consider" anything.

    But, yes, her parents would have to evict him like any other tenant if he breached the contract.

  4. #4
    Join Date
    Sep 2005
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    Default Re: Parents Letting Tenant Move in Rent Free for Indefinite Period

    Quote Quoting nimbenja
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    Is this agreement binding?
    There is no reason why your parents, as legally competent adults, can't let somebody use their property under conditions they believe to be reasonable, so yes, they can bind themselves to an agreement. That said, if local zoning requirements forbid the arrangement, the local government could put an end to it. I have no access to the contract itself, so I can't speak to its terms.
    Quote Quoting nimbenja
    Could he still claim he is owed for improvements?
    If the agreement is that he waives any claim to improvements, then all else being equal that's what will happen.
    Quote Quoting nimbenja
    Could he squat there long after the property sells and his 60 days are up, and we have to consider him protected under renter's rights?
    A squatter is not a "renter"; somebody who pays rent is a tenant, and gets their right as a tenant. A squatter is a trespasser and can be ejected. I cannot see the agreement and thus am not in a position to state whether it would survive your parents.
    Quote Quoting nimbenja
    Even if he is not paying any rent?
    You have told us that no rent is due under the contract.

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