Question for Lenders!

[Kurt Krier]

Hi guys, 

I've been trying to research this, but haven't found any concrete answers so I need some actual lenders or investors to jump in. I'm ready to purchase a pretty run down duplex in Florida. My lender has offered me 5% down for an owner-occupied mortgage. One unit is currently occupied under lease, but the other unit is soon to be vacant. The duplex isn't in the best part of town and the vacant unit needs some work before it is ready to rent (smokers), so I'd rather avoid living there if possible. 

My lender indicated they would like me to live there for 6 to 12 months for a duplex. My question: Can I stay in my current apartment, and just change my address to the vacant unit of the duplex? I would keep it vacant until the 6 months was up, then "move out" and start renting the unit. It will probably take me that long to mitigate the cigarette smell regardless. If it is technically my primary residence, would this be legal even if I rarely actually spend a night there?

Kind Regards.