TIPS FOR HOMEOWNERS:

Is Taking in A Boarder A Good Idea?

by Angel Recchia, Esquire

SeniorLAW Center

            If you are a senior citizen who is a homeowner and who is living on a modest retirement income, you may find that you have more expenses than you would like and more rooms than you need.  You may even be looking for the companionship or want the increased sense of safety that another person may provide.  Perhaps, for one or more of these reasons, you are considering taking in a "roomer" or "boarder" -- that is, someone who would live in your home in exchange for a weekly or monthly payment.

            While the prospect of additional income and/or companionship may be appealing, it is also important to consider the obligations and the risks created by taking one or more person(s) into your home.  This article will discuss these issues and provide general information necessary for you to make an informed decision about whether to take a roomer or boarder into your home.

Tenant vs. Roomer/Boarder

            You may recall that, in a previous column on Landlord and Tenant law, we outlined the distinction between a tenant and a roomer or boarder.  The most important factor is that a tenant, in exchange for an agreement to pay rent, is given the right to possess or control a living space that the landlord can be excluded from during the term of the tenancy.  The space rented to a tenant commonly has its own kitchen or bath facilities and its own entrance, and the landlord may not enter or use the property at will.  In contrast, a roomer or boarder shares the same residence as the owner, often having his or her own bedroom but using the same entrance, kitchen facilities and common living areas as the owner.  The traditional difference between a boarder and a roomer was that a "boarder" received all or some meals in addition to living space, while a "roomer" simply paid for living space.  However, the terms are now often used interchangeably; the important point is that this person lives inside your home, rather than in a separate space.

            The legal distinction between a tenant and a roomer means that a tenant, who possesses and controls the space he rents, has procedural rights under the Landlord and Tenant Act that a roomer technically does not have.  In order to remove a tenant from a rented space, the owner must have a rental license, must give written notice required by the lease or by law, and must file an eviction complaint in Landlord and Tenant Court.  Technically, a roomer is not entitled to these procedural protections.  He may stay only as long as he has the permission of the homeowner. 

How to Proceed?

            However, as a practical matter, this distinction may not help you if a time comes when you wish to remove a roomer from your home, either because the roomer is not paying you the agreed-upon amount or because you don't get along, don't like the roomer's conduct, or simply change your mind.  You may inform the roomer, verbally or in writing, that he or she no longer has your permission to stay.  You may stop taking any payment from him or her.  But what will you do if the person simply refuses to leave?

            If this should happen, it is important to stress that you will not be assisted by the police in removing a roomer from your home.  Because they usually see this situation as a civil matter -- a dispute about a contract -- the police will not "remove" or "escort" someone out of your home.  Police officers are primarily trained to deal with criminal activity; they are not lawyers.  They tend to view disputes between homeowners and roomers as "landlord-tenant" issues and may tell you that you must file an eviction complaint to legally remove the roomer.  In any event, the police will seldom get involved in legal disputes about living space and will not solve any problems that may arise between you and a roomer.

            What about filing an eviction complaint in Landlord and Tenant Court?  A homeowner who takes in a roomer is not required to have a rental license.  However, if the homeowner does not, he or she cannot file for eviction.  If you do get a rental license and give the roomer/"tenant" written notice to leave, you will probably be allowed to file a landlord-tenant complaint, and you will get a date for a hearing.  If you are successful at the hearing, you will then be able to obtain a writ to have your roomer physically removed by the Landlord-Tenant Officer.  Be aware that this process -- including obtaining the license, filing the complaint, and having the writ served and the roomer removed -- can cost you over $150.00.  If the roomer has a key, it is also advisable to have your locks changed, an additional cost.

            Even if you are willing to follow this process and spend this money, it is possible that you will not be successful.  When you go to court, your roomer, or his or her lawyer, may make the argument that the roomer is not a tenant and, therefore, cannot be evicted by Landlord and Tenant Court!  The law is not clear in this area, so it is not clear whether or not the judge at your hearing will accept this argument.  If the judge does agree that the roomer cannot be evicted in Landlord and Tenant Court, and you still wish to have the roomer out, you will then be required to file an action called an "ejectment" in Common Pleas Court.  If you are successful, you will eventually get an order allowing the Sheriff to physically remove the roomer from your home.  However, this process costs even more money.  In addition, you should be aware that it is difficult for a person without a lawyer to file a suit in Common Pleas Court, so you may need to get legal assistance to proceed.

Think First and Protect Yourself!

            It is clear from the above discussion that a homeowner should think long and hard about whether it is advisable to take one or more roomers into his or home.  While the idea may seem appealing, the homeowner must be prepared for what may occur if the situation does not work out as expected.  Although you may think that you could use the extra money or the company that a roomer would provide, you must also ask yourself whether you can afford the cost and/or the aggravation that might result from the arrangement.

            If you feel that you would like to take in a roomer, it is important that you know who you are taking into your home.  Do not allow someone you don't know into your home because you "feel sorry for them."  The best choice would be a close friend or someone you have known for some time and whose character and habits you are comfortable with.  If you do not know the person well, it is important to ask for and check references, preferably from someone the person has previously rented from or lived with.  This is not being nosy!  It is a sensible and important way to help safeguard yourself.  Before you agree to have someone move in, discuss with that person your expectations and lifestyle, as well as theirs.  Consider things such as:  the hours you keep, the amount of noise and visitors you can tolerate, whether smoking is allowed.  Be as sure as you can that the two of you are compatible.  Finally, it is advisable to draw up a written agreement so that both you and the roomer know what is expected and permitted, how much is to be paid, when, and for what, exactly, and under what circumstances you can end the arrangement should you decide to.

            It is always wise to get advice from a lawyer before taking any action that may affect your legal rights, or if you have questions about your legal rights or responsibilities.  Elders can discuss a legal problem or get information by calling SeniorLAW Center’s telephone intake line 215-988-1242 Mondays through Fridays, 9 a.m. – 1 p.m., or coming to our center city offices, Mondays through Wednesdays, 9 a.m. – 4 p.m.  Most issues can be addressed initially over the phone.  For general information, please call us at 215-988-1244 or visit our website at www.seniorlawcenter.org.    

            Angel Recchia is SeniorLAW Center’s Managing Attorney.