Can guests get sued for back rent?
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Can guests get sued for back rent?
My parents were staying with a friend for a couple months off and on when their friend got evicted. The landlord went after my parents for 6 months of back rent, $13,000, even though they did not sign any rental lease agreement or contract for said property. My parents were present during the court ordered eviction and the police report is the only indication that my folks were ever near the property. I just need to know if what the landlord did was technically legal for them to go after my parents in the way they did even though there was no contract.
Asked on October 20, 2011 under Real Estate Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
No, if your parents were simply guests of the actual tenant, never were on the lease, and left when the tenant did (e.g. didn't "hold over" for longer), then they owe the landlord nothing (except possibly for any direct, out-of-pocket costs they provably caused; e.g. if your parents broke a door moving their stuff out, the landlord could probably sue them for that repair or replacement cost). A tenant's guests have no duties or obligations to the landlord other than to not cause damage, waste his utilities, etc.
Therefore, there should be no grounds for the landlord to sue your parents, and if he does file a lawsuit, they should have a good defense and be able to get it dismissed quickly by showing they were only guests of the actual tenant.
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