Can You Lease Your Property and Live There at the Same Time?
Yes. Legally, the person who rents your property becomes a "lodger."
A lodger is a person who lives in a room in the same house as the owner and is entitled to occupancy rights in the property. Unlike in the case of a tenancy agreement, you as a landlord can enter all areas occupied by the lodger and keep control of the house.
In most jurisdictions, lodgers have the same rights as tenants. The fact that you are also living in the same unit does not alter the nature of the lodger’s right to occupy your property.
For reference, in some states there is an exception for single lodgers in a house where there are no other lodgers. In this situation, the owner can evict the lodger without using formal eviction proceedings. In the case of the evicted single lodger, the owner just needs to provide the lodger with written notice explaining that they cannot continue to use the room. The notice needs to be served in advance by the same number of days between rent payments (usually 30 days).
- What Is a Lease Agreement?
- What Are the Tenant’s Basic Rights That Cannot Be Restricted?
- Are You Legally Required to Act in Good Faith?
- How Should You Determine the Rent Price?
- Can You Sign a Lease With More Than One Person?
- Can You Enter Your Rental in Case of an Emergency?
- What Is a Rental Agreement?
- What Is the Difference between a Lease and a Rental Agreement?
- What Are the Advantages and Disadvantages of Leases and Rental Agreements?
- Is a Verbal Rental Agreement Legally Binding?
- Why Is It Better to Have a Written Rental Agreement?
- How Do You Negotiate Lease Terms with Non-English Speaking Tenants?
- What Terms Are Usually Included in a Rental Agreement or Lease?
- Can You Require Your Tenant to Pay Rent in a Specific Form?