questions & answers

Question: Hello I have allowed my friend to move in on a temporary basis while she locates permanent housing without accepting rent. I am the legal owner of the home, no signed rental agreeement but verbally and through text initially agreed to 3 month minimum time. Can I evict sooner if so how? What are my rights as the owner.

Answer: A key issue in this sort of situation is whether or not the person who is sharing the home on a temporary basis is a tenant or a guest. A verbal rental agreement – like any other kind of contract – is just as valid as a written one, but tenancy arrangements – like all contractual arrangements – generally require an exchange of things of value (for example, the right to dwell in a space in exchange for the payment of rent) in order to be legally enforceable. In most circumstances, promises unsupported by what the law calls “consideration” (the giving of something of value in return) are not binding. The only problem is that when a person relies on that promise, that reliance (for example, by not choosing another option, or by incurring related expenses) can create a quasi-contractual relationship. Without knowing all the details, it is impossible to say what your legal rights and obligations are in this specific situation. Even if a court would be likely to find that a temporary resident who is not compensating a homeowner in any way for the right to reside in the home, is a guest as opposed to a tenant, the homeowner may wish to consider providing that person with 30 days written notice.