If you own property that you are thinking of renting out, you may be wondering how to write a lease. You may also be wondering what sorts of legalities are involved with becoming a landlord. One of the basic things you should know about renting a property is that there is a difference between a tenant and an occupier.
What is the definition of a tenant?
The simplest way to describe a tenant is that they are the individual who signs the landlord’s lease. A tenant bears the financial burden of the lease. If they should leave before the lease ends for any reason, they will be responsible for paying any remaining months on the contract until it terminates or you find new tenants.
A tenant will also be responsible for anything that anyone living in the apartment breaks or destroys. For example, if a person who is living in the apartment spills paint on the carpet, the tenant is responsible for paying the landlord for a replacement.
An occupier is any person who resides in the apartment with the permission of the tenant and the landlord. An occupier may be a child or another family member who does not wish to be on the lease for one reason or another.
No matter what kind of arrangement a tenant and an occupier have with one another, the occupier does not officially pay rent. They are not considered to have renter’s rights in most states.
Can I deny an occupier?
Federal law forbids a landlord from discriminating against families that have children under 18 whether they will live in the rental property with their parents or not. Hence, if an occupier is under 18, you may not deny them residency.
You may require all adults who live in your rental to be tenants. It is probably a good idea to do so. This way, all of the adults will share responsibility for paying the rent. It is better for the tenants as well because they will each be protected by tenant’s rights.
A landlord is not allowed to run background checks on an occupier. Hence, if you allow people to reside on your property who are not tenants, this can put you in legal jeopardy if there is ever a criminal incident on your property.
For example, if you own a building, and the tenant in apartment A is robbed by an occupier in apartment B, the tenant in apartment A might sue you. You did not ensure the safety of the people who lived in your building by requiring all adults to pass background checks.
What if a tenant wants an occupier to leave?
If one of your tenants wants to tell an occupier in their apartment to leave, they can do so with absolutely no warning whatsoever. However, the situation can get sticky if the occupier refuses to leave. Some states, such as Oregon, give occupiers the same rights as tenants when it comes to physical evictions.
The tenant may try to embroil you in their conflict with the occupier. You may end up having to evict everyone. Disputes between people who live together can lead to conflict, loud arguments, and physical violence.
It is always a good idea to require every adult who lives on your property to sign the lease as a tenant. This will help to avoid confusion and allow everyone who lives in the building to feel safe and secure.
