I currently have roommates "with privacy." They basically occupy two bedrooms with a bath in between, one of the rooms converted into a modest kitchenette. We have a door between our "units". I set up a lease (similar to what we used for a separate house rental) while I was married and am now divorced with 2 young children. I am realizing how lucky I am to have the tenants I do after hearing so many horror stories. Obviously it's bad news with any rental situation but I believe it could be much worse if you share the same home. In any case, once they leave, likely next spring, I want to make sure I am protecting myself as much as possible. In the case of non-payment, breaking rules, etc., do I have to follow the same eviction proceedings as with any other tenant or can I just kick someone out? I am not sure if it's wise to continue renting out at all considering my family situation, unsure as to whether the income is worth the potential hassle. I welcome any and all advice and shared experiences!
Depends on your state landlord tenants laws-Ejection is Different and more expensive than Eviction if someone is living in your house. Detailed house rules followed or they agree to Move out with a penalty?.
Many localities have different laws for roommates over tenants. The "Mrs. Murphy" exemption means you are exempt from Fair Housing laws, so you have more latitude in roommate selection, less onerous due process requirements, etc. This means you would be allowed to only rent to females, for example. You can still do a full background check on your renters.
It sounds like you have essentially made a duplex out of a SFH. Does your zoning allow this? If it does not, it would be best to keep renting under roommate rules. You do not want to end up in a situation where you are in court, your rental is ruled illegal, and you are forced to return rent to your renter.
I'd do a roommate written agreement,, rent amount, and make a list of house rules.
If a new roommate fails to pay rent you still are required to file eviction, you just can't change locks or tell them to Get out if they don't agree to leave. Even family member renting to family have to file on relatives that they let stay,, and won't leave.. Police won't get involved, it's a housing court matter.