A potential tenant is worried that the street noise may be too loud for them and are requesting they spend the night one night as a trial run before signing a lease. Are there any legal issues if we let them do this?
Oh yes. When you give someone the right to occupy your unit, without an agreement for the payment of rent, you have created a tenancy which would then require that you give the tenant a thirty day notice of termination of tenancy. Couple that with the machinations of the San Francisco Rent control ordinance, and you end up in a very unenviable position.
Readers Digest Version. Don't do it
A proper response would require a much more thorough and complete investigation into the history and facts set forth in your question. Any statements provided by me regarding your inquiry is nothing more than an opinion, and does not represent legal advice or create a client relationship.
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