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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33708
Experience:  15 years real estate, Realtor. Landlord 26 years
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We are not charging our daughter rent on the house she lives

Customer Question

We are not charging our daughter rent on the house she lives in that we own. She wants her boyfriend to move in. Supposedly they plan to get married. We feel they should pay rent now, even though she cannot afford, so we expect him to pay the rent. We are planning to do a lease with his name and her name for a year. What can we do if he moves out?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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If the boyfriend moves out and refuses to pay the rent, then your recourse here is to sue both of them under a breach of contract claim until you are able to rent out the house again to someone. The issue here is that if you don't evict daughter and seek to re-rent to someone else if he moves out, then he could then sue daughter for half the money that he may have to pay you because every tenant on a lease is liable for the entire rent. If there is an agreement to divide it up, that is between the tenants and doesn't have anything to do with the landlord.

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So you can't really sue the boyfriend for the full rent if you are letting daughter continue to stay there for free if he moves out because they are both liable for the full rent under the doctrine of "joint and several liability".

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If you wanted to be able to go after the boyfriend solely, then you would need to have two separate leases, one for the boyfriend and one for daughter with each of them being responsible for half the rent. Then if the boyfriend moves out, you can then sue him for breach of contract until you find someone else to move in as a roommate with daughter.

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As an aside, in addition to being an attorney, I have also been a landlord for over 26 years...

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thanks

Barrister

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