PSA - Renting Apartments in Your Home

I found this and I couldn't believe it. You can rent to one person and that one person can then bring whomever he/she wants to with them. Doesn't really seem to fair to the homeowner. I guess it's good to find these things out ahead of time.

http://www.oag.state.ny.us/realestate/habitability.html#34

Re: PSA - Renting Apartments in Your Home

well, there's one caveat in that...
Landlords may limit the total number of people living in an apartment to comply with legal overcrowding standards. (Real Property Law §235-f)

My mom rents an apartment in her home, and it legally can only have 2 people in it. so the tennant cannot invite in another person + their dependents..... it can only be one person.

frankly, legally, you have few rights to pick and choose the personality of your tennant... (as it should be, or else all sorts of unfair neighborhood profiling would occur...) you can merely require no smoking / pets and limit the # of people due to apartment size..... so it doesn't matter if an extra comes along for the ride, since acquiring a new tennant is a crap shoot to start....

Message edited 8/30/2007 10:52:48 AM.

Re: PSA - Renting Apartments in Your Home

Wow, that's nuts! I had a landlord who had a girl move in, live there for a month, and then her dirtbag boyfriend and their 2 children showed up.

Four people in a 1 bedroom apartment with a living room/kitchen combo.

He wasn't happy! I wouldn't be either.

Re: PSA - Renting Apartments in Your Home

It is a crap shoot every time!

Re: PSA - Renting Apartments in Your Home

Re: PSA - Renting Apartments in Your Home

I believe that situation can be avoided as long as the lease states the apartment can only legally be inhabited by 2 people. I bet it must be a legal apartment to do that, and be designated by the town as a 2 person apt, though.

Go to the town and ask.... your apartment must be inspected, and must be to code. They will tell you how many people can live there. Then get a realtor to screen tennants (credit checks / no smoking / no pets)

Message edited 8/30/2007 11:16:39 AM.

Re: PSA - Renting Apartments in Your Home

Re: PSA - Renting Apartments in Your Home

and don't worry..... mom's tennant, while quirky, is totally fine. Not every renter is freaky and disruptive.... It's WELL worth the fee to get a realtor to do a credit check..... her rent has always been received reasonably punctually, likely becuase of that credit check

And it's really re-assuring that she has that rental income when life's problems arise, such as being unemployed....

good luck!!!!

Re: PSA - Renting Apartments in Your Home

our lease states that only myself and DH can live in our apartment. so not only do they limit the # but also who it is. they don't want people they don't know living there (they live downstairs).

ETA: i had no idea what my rights were when i signed it but i have no issues with it. and we live in a HUGE 2 bedroom, where more than 2 people could live comfortably.

Message edited 8/30/2007 12:30:35 PM.

Re: PSA - Renting Apartments in Your Home

Thanks everyone, I feel a little better now. I guess you just really have to check tennants credit and really try to talk with them as much as you can before you rent to them. Thanks!