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Old 07-23-2015, 04:08 AM
 
169 posts, read 152,624 times
Reputation: 130

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Quote:
Originally Posted by AZ Manager View Post
Its a vacation rental, they should have possessions except clothes. Your state will have a law that says something like a landlord is required to hold onto personal items for x amount of days, typically 30. Glad you took my advice and searched to find out what the different types of tenancy are though it seems to have helped you find what you were looking for.
I'm gonna meet with an attorney at some point after I do as much research as I can. I have so many odd questions. One I am wondering about is if you have someone who wants to stay for perhaps 2 months but you don't want to let them become a legal tenant. I wondering if they completely move out for 1 day and then move back in for 30 if they are still considered a lodger. Or maybe if they completely move out for a few HOURS then have them sign a brand new agreement?
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Old 07-23-2015, 04:57 AM
 
Location: Phoenix, AZ area
3,365 posts, read 5,239,267 times
Reputation: 4205
Quote:
Originally Posted by hyuk17 View Post
I'm gonna meet with an attorney at some point after I do as much research as I can. I have so many odd questions. One I am wondering about is if you have someone who wants to stay for perhaps 2 months but you don't want to let them become a legal tenant. I wondering if they completely move out for 1 day and then move back in for 30 if they are still considered a lodger. Or maybe if they completely move out for a few HOURS then have them sign a brand new agreement?
I doubt that they would be considered a legal tenant in the way you are thinking. The utilities wont be in their name which is a big part in court in order to determine residency. I think you are over thinking this potential issue and honestly it is the least of your worries with short term rentals. These places are treated as party pads quite often and get trashed. I had turned two of my units into Superbowl rentals and it was the worst experience of my landlord career and they were only there a week each, never again.

Make sure your lawyer is familiar with the hospitality industry as well as real estate.
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Old 07-24-2015, 11:05 PM
 
Location: Silicon Valley
18,813 posts, read 32,505,733 times
Reputation: 38576
Quote:
Originally Posted by hyuk17 View Post
I'm gonna meet with an attorney at some point after I do as much research as I can. I have so many odd questions. One I am wondering about is if you have someone who wants to stay for perhaps 2 months but you don't want to let them become a legal tenant. I wondering if they completely move out for 1 day and then move back in for 30 if they are still considered a lodger. Or maybe if they completely move out for a few HOURS then have them sign a brand new agreement?
I tell people to imagine explaining their stance to a judge. And then, ask yourself if you were a judge, would you buy their story?

Imagine saying to a judge, "But, your Honor, he moved out for an hour..."

Judges are not stupid people.
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Old 07-25-2015, 07:25 AM
 
2,687 posts, read 7,409,755 times
Reputation: 4219
Thumbs down Old Adage...

Have you ever heard the one that goes...'A skunk smells its' own scent first'? I hope that any prospective tenants check you out thoroughly. You seem to worried about how someone may try to cheat you...I think you're scheming how to cheat them first. Man, you are heading straight into trouble...
Koale
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Old 07-26-2015, 08:36 AM
 
Location: southwest TN
8,568 posts, read 18,110,026 times
Reputation: 16707
I totally disagree with you, Koale. You are judging the OP based on a MISperception that his situation is that of a landlord rather than what he actually is trying to accomplish which is a lodging situation. The concept he didn't quite make clear is that he is interested in the short-term "rental" much like the extended stay placesor summer/vacation rentals.

Because the OP did not adequately explain his intentions, the advice or ctiticisms he has received has been based on typical landlord/tenant situations and, if that were his intention, I'd agree with the criticisms, but it isn't his situation.
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