Who consitutes a renter?

Started by SharonB6 • 3 replies • 1279 views

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SharonB6 (Pennsylvania)
Posts: 70

Posted:

On legal stand point. What constitutes a renter. We have 3 homes that are being occupied by family members. For example they needed help with the mortgage so parent/sibling has the house under their name. These people do not have leases. Are they considered renters?

LoriL1 (Florida)
Posts: 78

Posted:

Excellent question! We have 2 units in our condo association that the homeowners have never lived in and both were purchased for the purpose of rental income. Until recently, both had "tenants", but they have since moved and the units are now occupied by family members of both homeowners. We requested a copy of the lease which they are required to provide to us, but both say that they don't have tenants because it's a family member living there. We haven't pushed the issue, but I've always wanted to know what the status of these units is.

Hope someone can answer this.

DonnaS (Tennessee)
Posts: 5,671

Posted:

Sharon,

If your association has any restrictions on rentals, then you need to have a description of who are renters. You cannot disallow family members from living in a property UNLESS your documents clearly state who can live in a unit, how many and who are considered family members.

Now for a general definition, a renter is someone who pays money to live in a space to a landlord, aka renter/tenant.

To me ( my opinion only), family members consist of someone directly related to an owner. But what is directly related. You cannot say by blood. Adoptions and in-laws would void out this theory. So in the end, it is what your documents specifically state as to who is family or now.

MaryA1 (Arizona)
Posts: 388

Posted:

Sharon,

As Donna said, a renter is someone who is paying rent to live in the home. IMO, not only family members may be allowed to live in the home w/o paying rent. The key is whether or not the person is paying rent. They may just be paying the utilities, which is not rent. Perhaps the home is paid for and the owner doesn't need rental income and is letting a family member or a good friend live there rent free. I think you have to give the prop owner the benefit of the doubt. You cannot accuse him/her of lying w/o proof.

My assn has a rental agreement that all prop owners who rent their homes must sign. The purpose of the agreement is to make certain the renter is aware of the CCR restrictions. IMO, even if the home is not being rented, if someone other than the owner is living there the prop owner should be required to sign the rental agreement. Whether the "tenant" is paying rent or not they must be aware of the CCR restrictions and the fact that they must abide by them.

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