If I have a single family home with a basement apartment am I able to draw up too separate leases? Legally speaking they would have the same mailing address and they also share utilities. I would place tenants there that know each other so I do not think that splitting utilities will be an issue but how do I distinguish the spaces on the language of the lease when they have the same address?
Attorney · Spanish Fork, UT · Member since 2025 · 77 posts · 98 votes
1y
Commonly you can draw up separate leases for portions of your property such as the basement, however, this will often depend upon local zoning and permitting. Sometimes, all you need to do is simply have lease agreements that adequately identify the portion of the property being leased. However, many times local laws or regulations will require that the basement qualify as a separate "unit" by having things like it's own separate entrance. Thus, it is always a good idea to familiarize yourself with local rules and/or to contact a local attorney to help you navigate the rules in your area.
It's also worth noting that if the property is in an HOA, you will want to review the HOA rules (e.g. covenants and restrictions) to ensure that you are not running afoul of any HOA rules or approval procedures.