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

UPDATED: Sep 30, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 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.

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