Ask Experts Questions for FREE Help !
Ask
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
    Expert
     
    #21

    Apr 19, 2012, 10:17 AM
    Quote Originally Posted by jamielynnbulls View Post
    Based on the information that I read on the difference in a boarder and a tenant, I believe they would be considered boarder.
    ...
    Based on the information I have provided, would they be considered boarders or tenants?

    Keep in mind: this "border" exception is written for hotels and rooming houses, as opposed to rental of a house or apartment. It's a fairly obsolete concept. Often obsolete concepts remain in the statute books, and on the other hand modern lifestyles aren't adequately addressed in the statutes.

    Case in point: kicking out of roommates. I happen to be of the opinion that provisions in the land-lord tenant acts for the several states which prohibit self-help "ouster" of tenants, probably don't apply with respect to unwelcome houseguests. However most of the experts on this forum disagree with me. You should hope that the judge agrees with me, but I cannot guarantee it.

    Here is how I would analyze the information you have given:
    * Does the written agreement refer to itself as a lease and to payments as rent; no ---in a hotel it wouldn't be called "rent" probably.
    * The length of time you have lived at the residence; 2 months--- sort of a long period for a hotel, wouldn't you agree?
    * Whether the room is the only residence you have; yes --- in other words, you are not in the business of taking in guests.
    * Whether you are residing there temporarily or for a long period of time; temporarily --- Same as above question about the length of time
    * How often you pay rent: if you pay daily, you are likely a guest or boarder; not at all --- doesn't apply.
    * Whether services such as linen service, switchboard service and maid service are provided; no-- - thus not a hotel. :)
    ...
    * Whether you own the furnishings in the room; no --- Well, that is typical of a hotel situation.
    * Whether the amount you pay includes tax; they don't pay anything--- so not applicable.
    * Whether the person you pay has a business license. no --- indicates that you're not a hotel or bording house.

    On the basis of all of this, I'm afraid it doesn't look like they are borders. Sorry.

Not your question? Ask your question View similar questions

 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Asked roommates to leave. Now they are leaving early to get out of rent payment. [ 4 Answers ]

Title says it all. Rent due on 10th asked them to leave in 30 days on or around the 8th , now they are leaving "in a week or so" after the 10th. Can they stay without paying rent. What if they leave without cleaning?

We've ended the lease early. What if we leave without paying out portion of the rent? [ 3 Answers ]

I live with a long time friend and her boyfriend who has flaked out on rent and has not paid utilities in 2 months. She currently owes me, my fiancˇ and my friend 625.00. We're ending the lease later this month(5 months early) because the dad of her kid doesn't want her living with us. He's an ex...

Roommate who is not on my lease, unstable, not paying rent, won't leave [ 4 Answers ]

Hi, This is my first time using this site. I feel a bit trapped right now and not sure what my rights are. I live in Florida and I rent an apartment where I'm the sole lessee. I was in a bit of a tight spot financially and needed a room mate so a friend of mine moved in. He was in a tight spot...

Roommates not paying rent. [ 3 Answers ]

Me and my girlfriend had a couple move in with us. We do not get along at all and it was decided around a week (nov.24) ago that they were going to move out. We found another person to move in and take over the rest of the lease. This person can't move in till mid January. They promised us to pay...


View more questions Search