Can You Lease Your Property and Live There at the Same Time?
Updated 10 days ago (March 6, 2026)
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).
Legal Disclaimer: Tellus provides this content for informational purposes only. This is not legal advice. Laws vary by state and locality, and regulations may have changed since this article was published. Consult a qualified attorney for guidance specific to your situation.
State-by-State Guide
Laws on this topic vary significantly by state. Select a state below to read about its specific laws and statutes.