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tenant defined

Started by MichelleG2 • 11 replies • 1474 views

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MichelleG2 (Utah)
Posts: 2
Posted:
Another tenant question -

Our HOA defines an owner as whatever name is on the deed/mortgage, a tenant is anyone else. However a resident in our HOA is saying she is not a "tenant" since she does not pay rent. The owner lets her live there as a favor with no established end-date. There are two other units where the owners kids are living (the parents live elsewhere), again not paying rent. Since tenants cannot have pets this has raised the question of what a tenant is. Anyone have any insight on this?
JimD15 (Florida)
Posts: 21
Posted:
IMO, the key word is "name on the deed". Everyone else does not have the same rights as a named (deed) owner. I'm by no means an expert or lawyer, however our bylaws read like yours as far as "everyone else" was concerned. A woman whose father purchased a condo for her had to have her name added to the deed in order for her to run to serve on the BOD.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Mich

To me an owners(s) is the owner. Anyone else living there is a tenant, even the spouse/child of the owner if not on the deed.

BrianB (California)
Posts: 2,820
Posted:
If no definition is provided in the contract (or statutes), courts typically go to the common dictionary for a starting place.

This is the definition of a tenant, from the Legal Dictionary that many courts and lawyers would use:

An individual who occupies or possesses land or premises by way of a grant of an estate of some type, such as in fee, for life, for years, or at will. A person who has the right to temporary use and possession of particular real property, which has been conveyed to that person by a landlord.

sounds like anyone who isn't an owner is either a tenant (can be there with permission) or a trespasser (is there without permission). Tell them it's their choice which one they are.
EricH8 (Virginia)
Posts: 116
Posted:
Quote:
Posted By MichelleG2
Since tenants cannot have pets this has raised the question of what a tenant is.

I would think all residents have to abide by the same rule about having pets, whether they are owners or tenants.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By EricH8 on 08/06/2012 3:33 PM
Posted By MichelleG2
Since tenants cannot have pets this has raised the question of what a tenant is.

I would think all residents have to abide by the same rule about having pets, whether they are owners or tenants.

Can we assume you are renting?
EricH8 (Virginia)
Posts: 116
Posted:
No, JohnC46. We have met in previous forum topics. But maybe I just fell off the turnip truck. I just thought it would be unfair discrimination to say an owner can have a dog but a tenant can't. It would be more fair to make rules about what the dogs can't do.
TimB4 (Tennessee)
Posts: 21,062
Posted:
Eric,

I agree with you that if the members may have pets then, if the landlord agrees, the tenant should be able to have pets. However, since Michelle's documents specifies that tenants may not have pets, that is what they have to comply with.

Michelle,

Per merriam-webster.com, Tenant is defined as:

one who has the occupation or temporary possession of lands or tenements of another

Per dictionary.law.com, Tenant is defined as:

a person who occupies real property owned by another based upon an agreement between the person and the landlord/owner, almost always for rental payments.

This gives the impression that monetary payment is not required (although usually is) for a person to be considered a tenant.

Utah provides legal services to assist landlord/tenant issues. If you scroll down to the bottom of the page, there is contact information. They may be able to give you a better definition.

Tim
BruceF1 (Connecticut)
Posts: 2,535
Posted:
Quote:
Posted By MichelleG2 on 08/06/2012 12:26 PM
Another tenant question -

Our HOA defines an owner as whatever name is on the deed/mortgage, a tenant is anyone else. However a resident in our HOA is saying she is not a "tenant" since she does not pay rent. The owner lets her live there as a favor with no established end-date. There are two other units where the owners kids are living (the parents live elsewhere), again not paying rent. Since tenants cannot have pets this has raised the question of what a tenant is. Anyone have any insight on this?

Forget the word "tenant." In my opinion, there are "owners" and "non-owners." One who is not an owner, is a non-owner.

Replace the word "tenant" in your documents with "non-owner."
DaveD3 (Michigan)
Posts: 796
Posted:
I agree with the above that a non-owner is a tenant, whether or not financial consideration is part of the terms of residence in the dwelling.

However, in the case of a pet, it could get a little more difficult. Suppose I take an assignment overseas and have one of my kids, or a friend live in my house rent-free while I'm gone, and that as part of the agreement, they're also to take care of my animals that I chose to not take with me. Essentially I'd be "employing" a live-in caretaker.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By DaveD3 on 08/08/2012 6:40 AM
I agree with the above that a non-owner is a tenant, whether or not financial consideration is part of the terms of residence in the dwelling.

However, in the case of a pet, it could get a little more difficult. Suppose I take an assignment overseas and have one of my kids, or a friend live in my house rent-free while I'm gone, and that as part of the agreement, they're also to take care of my animals that I chose to not take with me. Essentially I'd be "employing" a live-in caretaker.

I would read it as such. Perfectly acceptable.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
The real question is can an association have a pet ban on any resident other then the unit owner?

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