Do normal landlord/tenant laws apply when renting out rooms and not the whole house?
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Do normal landlord/tenant laws apply when renting out rooms and not the whole house?
I am going to rent out a 2 BR/BA single-wide trailer on a week-to-week basis. I want to rent out each room to a different tenant and leave the kitchen, living rooming, and laundry room as common areas (unrented space), but I am not sure how the rental laws and regulations apply in this situation.
Asked on January 19, 2012 under Real Estate Law, South Carolina
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Yes, the normal landlord-tenant laws will apply.
You should, for your own protection and to avoid disputes, have a written lease (you can have the lease permit you to terminate tenancies on 30- or 60-days notice if you like, to preserve your flexibility). The lease should specify the area each tenant has exclusive possession of; the common areas which tenants have access to, and any rules for use; that tenants have to keep avoid disturbing the other tenant's right to peaceful enjoyment, keep the premises clean, etc.; any restrictions on them moving other people (e.g. significant others) into their room--basically, the more you spell the rules out in advance, the better off you are, since as with any other rental, the terms of the lease will be enforced by the courts.
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