If I am going to rent a house, can the landlord stay on the property?

UPDATED: Apr 20, 2016

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If I am going to rent a house, can the landlord stay on the property?

We are interested in a house that is for rent. When we spoke with the landlord she said that she uses the facilities in the house that she is renting out and staying in the garage? Is that allowed?

Asked on April 20, 2016 under Real Estate Law, Oklahoma


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

That is legal as long as that is what is agreed to before you sign a lease. The law allows a landlord to reserve part of the property, or use of some of its facilities, for herself. (Rememer: she owns the property. She can decide what parts of it to rent, and how.) If you'd already signed a lease for the whole property, then you've leased the whole property: she cannot now decide to stay on the property or use part of it, and you could enforce the lease against her in court, if necessary.
But if you haven't leased yet, she can tell you that these are the conditions under which she will lease the home--if you are unwilling to lease under those conditions, you need to look for a different home to rent.

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