If I own an empty home and a family member wants to live there alone rent-free, can I have him sign an agreement waiving rights as a tenant or licensee?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If I own an empty home and a family member wants to live there alone rent-free, can I have him sign an agreement waiving rights as a tenant or licensee?
Asked on October 11, 2012 under Real Estate Law, New York
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
You don't need to have him sign anything--just don't accept any rent (including indirectly--e.g. by having him pay utilities, insurance, etc.)--and he'll be a guest not a tenant; a guest may be made to leave at any time, without any prior notice. Note that if he does pay anything that could be construed as rent, he'll be a tenant, not guest.
Alternately, let him be a tenant and pay some costs (e.g. the insurance; part of the mortgage or taxes; utilities; etc.) and give you a security depost against damage, but have him on a written month-to-month lease, so you could evict him on 30 days notice; this way, you can still get him out quickly if you need to, but could have at least have him cover some costs for you while there.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.