I just inherited a 3-bedroom house in upstate New York. I am looking to rent it out, but I am not ready to give up access to it.
I've found a potential tenant with a kid who wants to rent out the house during the school year. I'd like to keep my mother's room locked and still have the option of staying in that room for 2-4 weeks during the school year (while the tenant is also in the house) and for a few weeks during the summer (when the tenant lives elsewhere).
What type of lease makes the most sense for this situation? A 10-month lease for 2 rooms? Is it possible to do a lease for less than a year?
Does this count as an owner-occupied rental? Does that give me any additional legal rights? Do I need to stay there for a minimum amount of time to qualify?
For a rental to be considered "Owner Occupied" It does have to be the owner's primary residence. If a property is owner occupied there is additional leeway that you have, for example certain laws that would apply to a traditional landlord would not apply to you if the property is your primary residence.
I would fact check this, but I believe that if you are attending school full time and living on campus, this house could still be considered your primary residence. Not sure if I'm misunderstanding the situation.
My rental is in Upstate NY and I have a great lawyer that I could refer to you who could help you draw up the appropriate lease. Let me know if you would like her info.
As far as the 10 month lease, yes you can do a lease/ rental agreement for any period of time. I would just make sure that it is priced accordingly. Personally, I would charge above market rent if someone is not committing to staying there for a whole year.
I hope that helps, or is at least a start for you!