You probably don't expect to sue your roommate someday. Yet, it does happen. An agreement creates expectations to keep the living arrangement fair. They also provide protection and peace of mind because they are legally binding.
What should be included in a Family Member Lease Agreement? The full names and contact information of the landlord and tenant. The address and description of the rental property. The term of the lease, including start and end dates. The amount of rent, payment intervals, and method of payment.
Understanding Roommate Laws in California Co-tenant: If your roommate signed the lease with you, they have equal rights to the property. Evicting them often requires coordination with the landlord.
Technically, you can live in an apartment without being on the lease. But normally the lease specifies that only people listed in the lease may live in the apartment, so the person on the lease agreement may get in trouble because of an unauthorized tenant. Not all apartment buildings look at the credit reports.
Agreements that are over a year should be in writing to be enforceable in court. Agreements that are a year or less can be verbal or written.
Right to Habitability Tenants are entitled to a “warranty of habitability.” This legal doctrine requires landlords to provide a living space that is safe, healthy, and in good repair. Even without a lease, landlords must ensure: Functioning plumbing and electrical systems. Adequate heat and water.
30-Day or 60-Day Notice: For month-to-month agreements, provide a 30-day notice if they've lived in the property for less than a year, or a 60-day notice if they've stayed longer. Notice to Vacate for Unlisted Occupants: For roommates not on the lease, use a general notice to vacate as the first step.
Here are the states that do explicitly state when guests are considered tenants: StateWhen guests become tenants California After 14 days within 6 months or 7 consecutive nights Colorado After 14 days, within 6 months Connecticut After 14 days, within 6 months Florida After 14 days within 6 months or 7 consecutive nights19 more rows •
Legally, all tenants do not have to be on a lease agreement in California. However, landlords should definitely consider including all tenants of legal age on the lease. There are some exceptions to this rule, though, depending on the situation of your tenant.