Family Member lease agreement

Obtaining a family member lease agreement permits someone related by blood or marriage to the lessor to pay rent while living in the same residence. The contract permits both parties to cohabit while stating their responsibilities and maintaining their positions as a lessor and an occupant. If the family member contravenes the lease contract, the lessor may give notification to quit under the tenancy laws. 

Family Member lease agreement template

Family Member lease agreement

Guide for rental

A guide towards renting space to a member of one’s family:

  1. Figure out the lease type

This is where both agree on the type of rental whether a fixed-term rental or a monthly lease. 

  1. State the private and common areas

Outline areas of the dwelling where everyone can access and areas that are private.

  1. State the obligations

Outline responsibilities towards cleaning or maintenance of the property.

  1. Negotiation

Agree on the rent payable for the dwelling. 

  1. Bills sharing

The lessor has to outline what portion of the bills the lessee would bear.

  1. Termination Rights

The lessor states when the contract ends. However, if the family member is a job seeker, it's best to allow them to terminate the contract at any time.

  1. Sign and Move-In

The lessee makes necessary payments, if any, and moves into the dwelling. 


Evicting a family member?

  • With a Lease – Nonpayment of rent by the lessee would attract an eviction notice.

  • Without a Lease – The agreement here is treated as a monthly lease and the lessor would issue a rental termination notice

Can Section 8 housing be rented to a family member?

Yes, only if the lessee is disabled and the housing unit is the only available unit. 

Any tax obligations from renting to a family member?

No, all that is required is for the property owner collecting payment to consider the funds as revenue and pay their share of taxes.

Can an investment building be rented to a family member?

Affirmative, as long as there are no monetary responsibilities associated with renting to the family member. 

Writing the Family Member Lease Agreement

Section 1. Parties Involved and the Dwelling

  • Family Rental Declaration

  • Document Date. State the date of this declaration.

  • Family Member: State the name of the family member who wants to rent the dwelling.

  • Landlord: State the lessor (family member) taking in the lessee.

Section 2. The Dwelling

  • Property Address: Enter the physical address of the property.

Section 3. Bedroom

  • Rented Room Status: State if the lessee’s dwelling is private or shared.

Section 4. Private Access

  • Privacy Level: State if other areas of the property would be accessible to the lessee apart from their bedroom.

Section 5. Shared Use

  • Lessee Usage: State other areas of the property that shall be accessible to the lessee together with other members of the family.

Section 6. Terms Of Lease

  • Fixed Rental: The lessee shall state the duration of this lease type. i.e, the start date, and end date. 

  • Monthly Rental: If this option is selected, either party may terminate the contract, record the date when the agreement is effective and state the number of days for notice of termination of the agreement. 

Section 7. Security Deposit

  • Security Amount: The amount as security to cover possible damages on the property and returned to the lessee at the end of tenancy, if no damages on the property. Otherwise, the landlord deducts the cost of any damages.

Section 8. Rent Amount

  • Rent payment: The amount payable for renting space and usually stated in dollars.

Section 9. Utility and maintenance 

  • Utility payment: State and indicate utilities the lessee shall be responsible for.

  • Services: State the amount in cash or percentage the lessee would bear for services on the premises.

  • Management: If the family member requires their utility account, all such responsibilities must be stated here.

  • Payment Obligation: If the lessee is required to bear all utility responsibilities, it must be stated here.

Section 10. Cancellation

  • Right to cancel: Permits the lessee to cancel the contract anytime so far they meet all their obligations on the dwelling.

Section 11. Other Agreements

  • House Rules: If the lessee shares the dwelling with the landlord, certain rules regarding everyday living have to be stated such as cleaning, smoking rules, visitors, etc.

Section 12. Extra Terms

  • Provisions And Appendages: If any other deals, conditions, and responsibilities need to be included in the agreement, they shall be stated here. If extra room is required, extra sheets may be attached and appropriately titled. 

Section 13. Governing Law

  • Jurisdiction: Provide the State that enforces this contract, usually the State of residency or location of the property.

Section 14. Entire Agreement

  • Lessor’s Commitment: Landlord’s signature of approval of this contract. 

  • Name And Date: The lessor must state the date of approval and input their name.

Lessee’s Acknowledgment: Upon agreement with the conditions of this agreement, the lessee has to include their signature, date, and name.

Download our free Family Member lease agreement in an instant to create a legally binding document.

Download our free Family Member lease agreement in an instant to create a legally binding document.

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