Who is considered to be a

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Who is considered to be a

I own a condo and the HOA rules/bylaws state that one cannot rent/lease out their residence without approval from the association board. There is also a limit to the number of condos that can be under lease at one time. I am not looking to rent out my residence but I would like to let a relative stay there not lease or rental agreement. Would this be considered breaking the association rule?

Asked on November 17, 2017 under Real Estate Law, Indiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

A tenant pays rent to live somewhere. Generally, it is overtly or explicitly rent, but regular assistance with or payment of housing costs (e.g. the person pays the utilities or mortgage) can constitute rent. If someone lives in your home without paying you anything for it, they are a guest, not a tenant. It is the payment of some amount (rent) to say there, not the existence of a written lease, which makes someone a tenant; many tenants, for example, do not have written leases but only oral (unwritten) agreements as to what they will pay in rent.


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