Q: There are 3 rooms in my condo. I've rented each room out individually. Do I still have full rights to the common areas?
I was living in my 3-bedroom condo and renting out the 2 additional rooms. I own the condo. I began traveling and also rented out my own room, essentially renting out 3 rooms individually, instead of the entire unit. Each roommate has their own separate rental agreement for the room that they are renting.
They're demanding the same rights as a "fully rented unit." My father is managing the property as my Agent while I'm away. They're demanding specific reasons for why I am visiting the property for inspection, questioning me on my ability to get water from "their" kitchen, etc. I will never inspect their rooms without reason and without a prior notice, but my question is whether they can keep me or my dad out of the common areas such as kitchen, balcony, living room, etc. I own all appliances. I still use my garage for storage.
Our revised lease agreement states that they are renting the single room only and that the common areas are also available for their use.
A: From your question it seems that the tenants now view you as a non resident LL and want notice of any visits by you or your father/ manager. I think you have to decide whether you have a flamenco or an armadillo. Either you reside there or you don't but you cannot have it both ways.
Except for the areas you are specifically reserving to yourself, the garage storage, you should provide notice to the tenants of any visit to the interior and consider yourself as a "visitor" or a "manager conducting an inspection." Give them the courtesy of notice of your visits. Since you moved out, you don't live there any more, so you don't have the same right to go in and use the Kitchen or bathroom as a resident.
Suggest you contact a local attorney for a full consultation and review of your rental agreements with your "roommates."
THE OPINIONS STATED HEREIN ARE BASED ON THE INFORMATION CONTAINED IN THE QUESTION,WITHOUT ANY INDEPENDENT INVESTIGATION. DO NOT RELY ON FREE LEGAL ADVICE IN A PUBLIC FORUM, EVEN MINE. CONTACT AN ATTORNEY OF YOUR CHOOSING IN YOUR LOCAL AREA TO PROTECT YOUR IMPORTANT PERSONAL RIGHTS.
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