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Family Renting To Family

Asked over 2 years ago - Sacramento, CA

My family member owns a duplex. They rent one unit to a non-family tenant with a lease and they had to qualify income, credit and can't have pets. Is there any breakage of the law if such family member wishes to rent the vacant unit to another family member without qualification for income, credit and allow for a pet to help them out during this economic downturn?

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Attorney answers (2)

Frances Miller Campbell

Reputation Level 15

Answered over 2 years ago. Landlord / Tenant Lawyer in Van Nuys, CA.

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You are not breaking the law by renting to a family member and not holding them to the same standards as the non-family member.

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Pamela Koslyn

Reputation Level 20

Answered over 2 years ago. Business Attorney in Los Angeles, CA.

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Treating tenants so differently runs the risk of complaints from the non-family tenant. The economic downturm is no excuse. The non-family tenant isn't likely to know about the qualification and credit favortism, but they'll definitely notice, and perhaps be justifiably upset about the shifting pet policy.

Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.

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