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I have a question for you landlords here. Hopefully you can advise me about how to proceed.
I have available, in my house, an empty in-law suite. The zoning for my house is for single family, residential.
I'd like to rent out this suite legally. From what I understand, I can only rent to a family member (I have none).
I'm interested in two different scenarios, and hope someone here has some advice for me.
First scenario - a roomate. I can't see how the town can prevent me from having a roomate - people do it all the time to help with the bills, no?
Second scenario - reduced rent in return for landscaping work, housekeeping, house repairs, etc... I've been told this is legal and that is how many homeowners rent to nannies, groundskeepers and such.
I plan on using this service to screen potential tenants:
If you do rent it out, do not choose the "work for rent" scenario. Decide on a rent amount for your roommate and stick to it. Interviewing people most of them will say "oh yeah I can do that" but never do or really can't in the first place. Keep the transaction businesslike and easily defined.
If it is not accepted as a separate apartment and you rent it out, other than a roommate situation, you subject yourself to some serious situations. First, if the apt is not legal, you cannot evict. Second, you can be fined for every day there is someone living there if it is not legal.
Check with your town and/or an attorney. The minute you have a lease/rental situation, you set yourself up for problems unless you do it legally. Do not try to circumvent the law.
I have a friend who rented out an inlaw apt in her basement. When she tried to evict the new tenant for non-payment, he reported the apt as non-legal. She not only was fined for every day but eventually wound up with a misdemeanor conviction for doing so and the tenant took his sweet time in moving out - months.
First scenario - a roomate. I can't see how the town can prevent me from having a roomate - people do it all the time to help with the bills, no?
Don't be so sure. Where I live, any property owner that receives any income must obtain a basic business license, and a certificate of occupancy, and register with the department of consumer affairs rent control division. The C of O and rent control compliance are slightly different for roommate situations than with tenant situations--but you still have to follow that process. So yes, the town may be able to prevent you from having a roommate.
Don't assume that because other people do something, that either what they are doing is legal, or that they didn't have to jump through some hoops to be able to do it.
Talk to your local government, don't assume anything.
Thanks for the advice, everybody. I'll call the town and my lawyer before I do anything.
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