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Can an Adult child rent a room from parents ? What paperwork is necessary?
Family & Parenting / 2:25 PM - Tuesday June 08, 2010

Can an Adult child rent a room from parents ? What paperwork is necessary?

So here's the deal, my parents want to rent a room to my younger sister now that she's done school and is moving back home. They don't want to charge her a lot, but they do feel like she would be paying to live somewhere so she should put in a little something. They want to have a contract drawn up and the whole nine yards. I guess they view it as a civics lesson for her or something as well. Has anyone here done this and can offer advice about how to do the contracts cheaply? Do the contracts have to be drafted by an attorney to be legal or can a generic form be used?

- Asked by Male, 29-35

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Any agreement that people want to make between themselves that isn't against common law can be "legal" without an attorney.

What's important here is how formal they want the agreement to be. Do they intend to rent to her on an annual lease? Month by month? With a security deposit, plus first and last month's rent? How much like "real life" are they trying to simulate here? To make the questions (to you) borderline ludicrous, for example, do they intend to ask her for references and do a background search?

The agreement can be as simple as setting the monthly rate for the room/s, privileges that are extended with the rent (kitchen privileges? is board included? garage / parking rental included, or extra?) and services that will be provided by the landlord (are heat and utilities included in the rent, or will those be metered separately?) as well as restrictions placed on the renter / lessee, a schedule for proposed rent increases (assuming you don't live in a rent control area -- this is something your folks might have to consult an attorney about) and an address for the rent check.

The lease should also contain a provision for charges that will accrue in case of late payment or non-payment of the rent, and a contact (again, this is somewhat ludicrous) in case repairs are needed to the premises.

Use a generic form.

- Response by regnadkcin, A Father Figure, Male, 56-65, Boston, Artist / Musician / Writer

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A contract doesn't have to be drafted by an attorney. Your parents simply draw up an agreement that includes, date of agreement, if monthly then no expired date required, amount of rent, when the rent is paid, conditions of agreement, rules etc. and both parties sign and date it. They can have another person witness their signatures. A contract must have a consideration to make it legal. Consideration can be a money deposit or services to be performed etc. Rosey

- Response by roseytalks, A Thinker, Female, Who Cares?, Tampa, Who Cares?

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Your parents should consider carefully what the purpose of this is all about. Once a "legal" contract is entered into, both parties have legal rights as well as the right to sue. If they just want the right to throw her out if she doesn't follow their rules, they should have a private, written agreement which they and your sister both sign. Parents can toss out their children faster than landlords can toss out their tenents.

- Response by maryea, A Thinker, Female, 56-65, Retired

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Dude, tell your parents that they are being total and complete ASSEs about drawing up a lease and shit (with an Attorney). I have no problem with the daughter kicking in a little but Damn!!!!

A year and a half after i graduated college i lost my job and moved back home. I gave my mother $200 every paycheck and she and i were cool. That was the agreement, none of that other Bullshit.

If your sister is honorable and good people then WHY the Hell do they have to go there.

- Response by handsomedetroitguy, A Father Figure, Male, 36-45, Detroit, Political / Government

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In this situation, I would think they could just draw up a letter stating each party's responsibilities, and sign it in front of a witness and have it notarized.

- Response by justpassingthru, A Thinker, Female, 56-65, Financial / Banking

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There are standard landlord leases. You can get them at stationery stores. I'm sure they are available online too

- Response by youngfuddyduddy, A Married Girl, Female, 46-55, New York, Who Cares?

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Your parents can probably get a lease agreement from the local stationery store.

Or, google a free lease form for their state/province.

In any case, lease or no lease, the statues of the jurisdiction usually apply.

- Response by trawna, A Career Woman, Female, 46-55, Toronto, Consulting

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You/they don't need a lawyer. That's needless money wasted. You can find basic lease or sublease contracts on line or at most any office supply like Office Depot.

What determines the "good" of the contract is if they are willing to hold her to it, should she not pay on time or break the terms of the contract somehow. They can edit out whatever clauses they don't want and as long as it is signed by all parties involved, it will be legal.

- Response by singledad281, An Intellectual Guy, Male, 46-55, Houston, Hospitality

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You don't have to have a contract "drawn up" by a lawyer to be legally binding. Just type up the agreement. I xxxx agree to pay $xxx a month for my room + $xx for food and utilities for this period of time. Date it, and have everyone sign it and get it notarized. You have now made a legally binding contract. If you don't want to do that... I am sure there are some generic rental agreements floating around on the net in .pdf or .doc format for free. Ya know, actually a verbal contract is legally binding... but if they want a show involved I don't guess that will do it.

- Response by An Intellectual Guy, Male, 29-35

Rating Received: m/rental-agreement.html

Done by state...

- Response by An Intellectual Guy, Male, 29-35

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You can write the agreement down on a regular piece of paper and as long as all parties sign it it is legally binding even in a court of law. What your parents need to take into consideration is that they are legally binded by the contract as well so if things were to go sour they would have to go through the process of legally evicting her which could take months. I understand charging your adult children something to live in your home but this is all a little too legal for me. I think what your parents are doing is odd and I'm guessing you probably do too that you're posting about it.

- Response by houseworkmakesyaugly, A Married Girl, Female, 36-45

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I have a lease with my mom. She just typed it up and we both signed it. It just stipulates how much rent I pay per month. She doesn't freak out if I'm late on rent or anything though. Now she's letting me stay rent free since I'm going to school but when I finish school and start working,we'll go back to the rules on the lease again.

- Response by misskitty420, A Cool Mom, Female, 29-35, Student

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Good lord. If they are going to charge her rent, they should just have her write them a check or pay cash. Or maybe just have her pay a few of the bills. Why go through all that trouble?

My little brother just moved in with me. I didn't write up a lease, we just agreed to a rent amount, and he writes me a check on the first of the month. It's simple that way.

- Response by jophus, A Rebel, Male, 29-35, Artist / Musician / Writer

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It called a lease. There are fill in the blank forms available online.

- Response by boggob, A Guy Critical, Male, 29-35, Political / Government

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You can get these forms online with Microsoft Office if it is installed on the computer.The forms can be altered to meet the need. Perosnally, I've tried the rental thing with parents. After room & board are paid, I was expected to do the same chores, make your meals, etc., I think you get it, and then came the turmoil. Parents have a hard time letting go and if your sis is not careful, she may become the kid at home again, but just paying for it!! I hope this is not the case!! Best Endeavors, Elevator UP!!

- Response by elevatorup, A Thinker, Female, Who Cares?

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