What qualifies someone to be a legal tenant?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What qualifies someone to be a legal tenant?
Does there have to be a rental agreement/lease? Does a child of the owner living with him/her qualify as a tenant? If the owner passes away can the son/daughter continue living there? Can the executor of the Trust make the son/daughter leave or must he follow the eviction process? Wouldn’t the son/daughter have a right to stay since the father wanted them there in the first place? Very confused as to what my rights are as I am the son who was living with my elderly father and basically taking care of the things he was physically unable to do. He died rather unexpectantly of a massive heart attack and his brother, my uncle, was given the role of executor.
Asked on October 26, 2012 under Real Estate Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
To be a tenant, you have to pay rent--if you do, you are a tenant. Note, however, if that if there is no written lease, just an oral or verbal one, you are a month-to-month tenant, and therefore can have your tenancy terminated (and then be evicted) on 30 days notice by either the owner or by his estate (executor) after his death. If there was a written lease, you may stay there for the remaining term of the lease, even if the owner dies, as long as you owner your obligations under it (e.g. pay rent).
If you are not paying rent, you are a guest. If you are a guest, you may be be evicted at any time, by the property owner or by his estate (i.e. by the executor), without prior warning or notice; that is, you can be asked to leave at any time, and if you don't you could be evicted. The wishes of the owner prior to his death do not matter, if he did not put those wishes in writing in some legally enforceable way (e.g. by giving you the property, or at least a "life estate" in it, in his will).
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.