Question
Is it legal to make a notarized contract to have an extended houseguest pay you rent?
Here's my situation. I live in California and rent a 2 BR 2 BA apartment. I am the sole tenant on the lease. Any roommate I wish to have added to the lease needs to be approved by my property management company and must go through the credit check process just like any new applicant would. Here lies my dilemma... A friend of mine wants to move in, however, he was not approved because despite the fact that he has a great job, they found a blemish on his credit report that does not meet their criteria. It's a minor blemish that we're trying to negotiate and get them to reconsider, but in the meantime I'm looking into other options. If they do not approve him, what's to stop me from having a long-term house guest? He is a friend, and if I decide to allow a friend to stay with me for a fee, can I make a contract that states the name of the temporary house guest, the dates he plans to stay with me (example: October 1st - April 1st) , the amount of rent to be paid per month, and of course acknowledging the fact that I have to right to kick him out if necessary, and put all this into a contract and have it notarized, is this legal? Basically I don't want to have him pay me under the table, I don't want to put myself at risk no matter how much I trust the person--it's always smarter to have things in writing. I just want something that's legal and in writing, that shows that my house guest has agreed to pay me, and something legal so my property manager can't cause a stink over this (or think I have a "roommate" that was not authorized).
2 months ago - 4 answers
Best Answer
Chosen by Asker
He can stay 14 days in a year as a guest, after that he has to leave. You can not move someone in to property that you do not own against the owners will. How on earth you think people should have a right like that is beyond me. But you don't. No, your contract is not legal in CA, mostly because you can not give yourself the right to kick him out once you let him in. Secondly you have no legal right to rent property you do not own. The landlord will evict you and make demands of the judge for the full lease amount. He will get it too under these circumstances.
by Landlord
2 months ago
Asker's Rating: 
Other Answers
Check your lease. After 2 weeks, a guest is generally either a tenant or a trespasser.
by v b- 2 months ago
even if you write it yourself, if the other person signs it it is a legally binding contract and it will stand up in court if this person does not pay.
by Adrianna- 2 months ago
Having any contract or agreement notarized has no effect on legality of the contract. The sole purpose of the notarization, is that an authorized neutral party is certifying that the parties have personally appeared and signed in the presence of the notary.
by Steve- 2 months ago