Contract???
This is a discussion on Contract??? within the Landlord vs Tenant Issues forum, part of the REAL ESTATE & PROPERTY LAW category; My sister and daughter are coming to live with me and I would like to draw up a contract between ...
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Contract???
My sister and daughter are coming to live with me and I would like to draw up a contract between her and myself. I would like to put in certain rules and certain stipulations about if something is broken and not from normal wear and tear that she would have to reimburse me. Would also like to notate that I can ask her to leave if I give her 30 days notice. I am in GA and wanted to know if I should draw up a room mate or tenant contract.
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It is always a good idea to get any rental agreement in writing. You should do this, using a standard month to month agreement form that is approved for your state. You can insert standard clauses about damages (get a deposit to hold for damages) and any rules that apply to the rental. You should write this up as a room rental with privileges to common areas. Note in the agreement that either party can terminate with your state's required notice period (which may or may not be 30 days notice.)
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Have you stated to her that she will be expected to pay a certain amount rent per month? If not, you have no contract and cannot make up a tenant or roommate lease. She needs to be aware that when she arrives, she is already of the knowledge that she will be paying you rent. If she does not have that information or knowledge, you cannot enter into a landlord/tenant contract with her. Make sure she is well informed before hand what you are intending to do.
If she is aware, then you also need to note in your contract that she is allowed 30 days notice in order to move out as well. The tenant also needs that protective clause. |
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You don't have to collect rent to have a roommate agreement. Paying rent does not make them a resident, living there does. While it would be nice to collect something to help out with the increased bills that you will have while they live there, it is not required to enter into an agreement. All that is required is a basic roommate form outlining what parts of the house are theirs exclusively (the BD) and what parts of the house they may use (the common areas). You can also include rules about that they may or may not do, how they will pay rent or help out to pay for their stay there, and listing what amount of notice is required by your state to terminate the agreement by either side. (You must allow at least the amount of notice required by your state law for month to month or at will tenants, which may not be 30 days. Check your state law for the actual notice required.). I would normally collect a deposit to pay for any damages plus the first month's rent. I would encourage you to at least collect a deposit, even if there is no charge monetarily for the rent.
And even if she arrives without any knowledge of a contract or paying any rent, you CAN still enter into a contract. Just because she arrives thinking she will get a free ride, doesn't mean you have to continue to always allow her to do so. You only need to provide her the same amount of notice that your state requires to change any terms (such as adding rent or rules) to her stay. You can give her notice saying that as of xx/xx date, monthly rent of $xxx will be required. If she doesn't want to pay it, she can move out. |
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Contract???






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