• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Definition of "Occupant" with respect to weekly rental

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

dinnybitting

Junior Member
What is the name of your state (only U.S. law)? Massachusetts
I am renting a Cape Cod home for one week in the summer. The rental contract stipulates "Occupants (including children, infants and visitors) are not to exceed the limit cited above. If more than the agreement number is found to be occupying the premises, this agreement will be immediately
terminated without refund of rent or deposit." Our rental group, at 16, is within the limits of the contract, but we are interested in inviting 6 additional people for an evening gathering to celebrate a birthday. The 6 additional guests will be visiting for the gathering, and not staying overnight. The property owner claims that we are in violation of the contract because we plan to have 22 "occupants." Can anyone clearly state the definition of "occupant" with respect to this situation? - thanks!
 


swalsh411

Senior Member
I don't know the legal definition of the word in this context, if there even is one, but unless you are a bunch of frat boys throwing a kegger, the owner sounds entirely unreasonable. You would think in this economy they would be grateful for the income. Are you going through a rental agency? They may be able to talk some sense in him. How did he even find out?
 

justalayman

Senior Member
unless your lease limits it to overnight guests as occupants, an occupant is anybody in the building (or whatever the lease states) at any time.

when dealing with things such as fire and health codes, an a occupant is simply a person that is there at any given moment. It would appear this is the same definition the LL is taking.

In other words, you can't have a party with 3000 attendees but as long as they don't sleep there, they aren't counted as occupants. You simply cannot have more than the number listed within the area defined by the lease at any given moment in time.

and I totally disagree with swalsh about the LL being unreasonable. First, we have no idea why the limitations and second, it is the LL's property and s/he has a right to put the limitations as they desire.

as to reasons; there may actually be a health or fire code involved here. Rentals often are required to comply with commercial based provisions of the law where a residential unit can slip by.
 
Last edited:

swalsh411

Senior Member
and I totally disagree with swalsh about the LL being unreasonable. First, we have no idea why the limitations and second, it is the LL's property and s/he has a right to put the limitations as they desire.
Of course he has a right to. I never said otherwise. But if the house is large enough to accommodate 16 people sleeping there, having an extra 6 over for a few hours can't be that big of a deal. (assuming they behave responsibly) Hence my opinion that he is being unreasonable.
 

justalayman

Senior Member
Of course he has a right to. I never said otherwise. But if the house is large enough to accommodate 16 people sleeping there, having an extra 6 over for a few hours can't be that big of a deal. (assuming they behave responsibly) Hence my opinion that he is being unreasonable.
you have to put a limit somewhere and he put it where it is. You say 6 extra isn't that big of a deal. The next guy says 8. Then somebody else says 10. Where does it stop?

as I said, there also might be a legal limitation as well. There could be health or fire codes that become involved or CC&R's whether through deed or an HOA.

Bottom line: the rule is the rule and unless the LL wants to alter the rule, the rule applies. Whether the OP, you, or I believe it to be unreasonable is irrelevant.
 

Zigner

Senior Member, Non-Attorney
By definition, a "guest" is not an "occupant". They are mutually exclusive terms. I do think the LL is being unreasonable and acting improperly.
 

justalayman

Senior Member
By definition, a "guest" is not an "occupant". They are mutually exclusive terms. I do think the LL is being unreasonable and acting improperly.

if they are occupying space, they are an occupant. Refer to occupancy laws concerning fire codes and health codes. By definition, being in the building makes them occupants.

but to further reduce any validity to your statement, did you miss the part in the lease that said this:

The rental contract stipulates "Occupants (including children, infants and visitors) are not to exceed the limit cited above.
in law, when a term is not defined, you can argue normal usage definitions. If it is specifically defined, that specific definition is the definition used.

and further:


oc·cu·pant/ˈäkyəpənt/Noun
1. A person who resides or is present in a house, vehicle, etc., at a given time
 
Last edited:

Zigner

Senior Member, Non-Attorney
if they are occupying space, they are an occupant. Refer to occupancy laws concerning fire codes and health codes. By definition, being in the building makes them occupants.

but to further reduce any validity to your statement, did you miss the part in the lease that said this:



in law, when a term is not defined, you can argue normal usage definitions. If it is specifically defined, that specific definition is the definition used.

and further:


oc·cu·pant/ˈäkyəpənt/Noun
1. A person who resides or is present in a house, vehicle, etc., at a given time
I will concede, based on the wording of the lease, that I am wrong.
However, I disagree about the meaning of "occupant", outside the wording of the lease. ;)
 

justalayman

Senior Member
I will concede, based on the wording of the lease, that I am wrong.
However, I disagree about the meaning of "occupant", outside the wording of the lease. ;)
so you disagree with the dictionary I quoted?

I do understand your position but actually, in your use of the term, you are taking a specific definition that is used for certain situations. It can be synonymous with resident but in truth, that is a very specific definition only applied in specific situations. There are occupants in cars, elevators, boats, and any other situation where people might be. Heck, there were occupants of the lunar module on the moon. That does not mean they are also residents. In a housing situation an occupant be synonymous with resident. While this situation might appear to be a residential situation, in actuality it isn't. This is closer to a commercial application of the term such as a hotel. The renters and others are merely occupants, not truly residents.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top