Renting an apartment or a house is a common practice all over the world. When you rent a property, you sign a rental agreement that outlines the terms and conditions of your tenancy. One of the most important clauses in the rental agreement is ‘residency’. This clause specifies who can live on the premises and for how long. In this article, we discuss everything you need to know about rental agreement residency.
Residency Clause in Rental Agreement
The residency clause in the rental agreement specifies who is allowed to live in the rental property. The clause sets the number of tenants and any restrictions on the number of occupants. The rental agreement residency clause restricts subletting and prohibits unauthorized tenants. Usually, the rental agreement specifies the maximum number of people who can live in a rental property. This number is based on the number of bedrooms and the size of the apartment or house.
Maximum Occupancy
The maximum occupancy standard is significant for rental properties. It is the number of people who can live in a rental unit without posing a safety hazard or causing damage. It varies based on the square footage of living space, the number of bedrooms, or the type of property. For example, the New York City Department of Housing Preservation and Development has specific guidelines for determining the maximum occupancy of a rental unit.
Subletting Prohibition
Subletting is when a tenant rents a part of their rented property to another person who is not on the lease. Some rental agreements may not allow subletting, while others may require the landlord’s prior written consent. A landlord’s consent is necessary in case the tenant wants to sublet. If a tenant sublets without the landlord’s knowledge or consent, they can be evicted from the property.
Unauthorized Tenants
Unauthorized tenants are people who live in a rental property without being on the lease. They do not have the legal right to live on the premises. An unauthorized tenant may be a person who has moved in without the landlord’s consent or a subtenant who did not get authorization from the landlord. Unauthorized tenants can cause legal problems for the tenants and landlord.
Conclusion
The rental agreement residency clause is a vital part of a rental agreement. It specifies who can live in the rental property and restricts subletting and unauthorized tenants. A tenant must adhere to the residency clause and should not let anyone live in the property without the landlord’s consent. A landlord has the right to evict tenants who violate the residency clause. Therefore, it is crucial to read the rental agreement carefully before signing it and to understand the residency clause.