Can a person rent out their property but still claim it’s their primary residence?

A townhouse is being used by group of other people other than the owner on file. The family living in the townhouse have no record of who they are with the association and continuously break bylaws stated by the association company. Unfortunately, the owner is claiming to live in the townhouse and still has documents stating it’s her primary residence.

Asked on April 17, 2016 under Real Estate Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If there's anything in an HOA, master deed, etc. defining prinary residence, that contractual definition will control. If not, a primary residence is where, as a matter of fact, someone lives a majority (e.g. at least 50%) of the time. If they do not, then it is not their primary residence, even if they use it as their mailing address, register their car their, etc. Primary residence depends on the actual facts.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.