As rent rises in the United States, many people are having to get creative with their living arrangements. Some live with family, have multiple roommates or even rent a single bedroom in an otherwise occupied home.
Imagine Monica, a 33-year-old woman who rents a bedroom from a couple who live in the same house. The room is small and the closet is full of the wife’s old clothes. Monica pays $500 a month.
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But now, the homeowners have asked her to pack up her things and move out for two weeks so their visiting relatives can use the room. They offered to knock $250 off Monica’s rent and suggested she stay with her brother for the two weeks.
Are there legal issues to consider?
Whether this request crosses a legal line depends on the state and local landlord-tenant laws, and whether a lease is in place.
In Texas, for example, renters have a right to "quiet enjoyment" of their home. This means a landlord cannot evict a tenant without cause or otherwise disturb their right to enjoy the space they rent. Whereas in California, it is legal for a landlord to require a tenant to vacate temporarily, provided they cover the associated costs, including accommodations, food and give the tenants a specific return date.
In most states, tenants cannot be forced to vacate — even temporarily — without proper notice or formal eviction proceedings. And even if there’s no lease, some jurisdictions treat long-term renters as tenants with implied rights. The best course of action is to check state laws or contact a local housing authority.
Although it will depend on her state and local landlord tenant laws whether it’s legal for her landlords to require Monica to leave, there is no law preventing them from requesting it. If she’s on a month-to-month lease, there is a chance the landlord could retaliate and end the lease if she declines — but they would have to provide adequate notice. The possibility, however, might create an uncomfortable situation for her.
Then there are practical concerns that go beyond the cost of rent. Even a generous discount might not be worth the inconvenience or stress of having to move, especially if she doesn’t have a good backup plan.
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How to protect yourself
If Monica is willing to move out temporarily, she should take precautions. Here are a few ways she can do that.
Get a contract
Ask for a written agreement outlining the temporary date range she’ll be vacating the room, the amount of rent reduction and what will happen if anything in the room is damaged while Monica is gone.
Negotiate a fair reduction
Two weeks is half a month, so is a 50% rent cut really enough? Monica might ask for more, especially if she’s giving up comfort or security and is required to move her belongings. It’s fair to ask for compensation for the inconvenience.
Document the room
Monica should take photos and videos of the room and belongings before she leaves. This creates a record in case there is any damage to the space while she’s away.
Secure belongings
Remove valuable items or lock them in a trunk or closet if possible. Monica should label anything she doesn’t want to be used in her absence.
Make a backup plan
Two weeks is a long time to stay with someone else, so Monica should make sure to have a few friends or family members willing to let her stay if the first situation doesn’t work out.
Know it’s OK to say no
If the request is disruptive or puts her in a difficult spot, Monica may not be obligated to agree. It’s understandable to worry about upsetting her landlords, especially when housing is scarce. But if the arrangement feels unfair or she’s not in a position to leave, it’s reasonable to say no.
Ultimately, this situation is about setting boundaries and deciding whether the situation works for her, not just the landlords. If she does agree to the temporary move out, she should make sure to protect herself with a contract and documentation.
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This article provides information only and should not be construed as advice. It is provided without warranty of any kind.