If you rent out part of your home

[Jean in Newcastle]

- like a daylight basement apartment - can you require that the tenant observe basic security measures like not leaving the basement windows open?  If someone were to come in the tenant's apartment, then they would have access to the entire house, including the landlord's living quarters.  Or is the tenant allowed to do whatever he/she wants? 

[Seasider]

I don't know a legal answer, but for security purposes I would consider installing a lockable door between landlord and tenant quarters, if that's possible.

[prairiewindmomma]

Nearly everyone here creates a separate entrance to the home for this reason.  There's also the added complication that most states have rules about a landlord having to give notice before entering a tenant's "space". I have heard that some states have created more flexible rules as letting out rooms has become more popular in high demand areas, but I'm not familiar with your state's rules.  Landlord-tenant law is almost wholly state-based with the municipality adding additional things here and there.

[Guest]

I don't know the law things but I would assume that you could "require" it in the lease, but if they don't DO it, then what are you going to do?  Are you really ready to evict?  That can be a whole lot of not-fun.  

 

Also, I would check with your homeowner's insurance policy; they may already state in there what is required of you in this case.  

 

And I wonder if there is a difference if the apartment is not physically separated from the living quarters--I wonder if that qualifies under a different set of rules--room for rent vs. apartment, and if that matters in any way whatsoever.  

 

I'm so much help.  :::eyeroll:::

 

(I am still scarred from being a landlord over 20 years ago...)

[KungFuPanda]

You might be better off installing bars or windows that lock in the open position. My 92-year-old grandmother sleeps with an open window every night unless it's below 20 degrees.

[StephanieZ]

Rules are very different (in the US) when you rent out part of your home vs the entire thing. Roommate vs landlord . . . I.e., you can discriminate against someone of the "wrong" gender, you can say no pets (even service animals), etc. Not many landlord laws apply . . . So, I think you'd need to clarify if this situation falls into the landlord category or the roommate category.

 

In either situation, though, I'd put the rules in writing, in the lease (and/or a reference to some vague "security rules as posted and updated periodically" to give you some wiggle room to update as needed. 

 

 

For instance, I own a (for-profit, official) rental house where my college girl lives with roommates. I put it into her roommate's leases that they have to abide by various security measures. If they don't, I'll evict them in a flash. I installed the best possible locks and security features to keep my girl (and her roomies) safe. If she had roommates (legally separate tenants, as they have individual leases) that were endangering the safety of her and/or the other roomies, I'd evict them quickly. If I were the landlord in your situation, that's what I'd do. I am pretty sure it will hold up, but of course these sorts of laws vary HUGELY from state to state and even town to town. I mean, even in my situation, I have a duty to keep the other tenants safe, not just my daughter. Landlords can get held liable for not having reasonable security features (i.e., not working locks, doors that won't lock, etc.) So, if someone was sharing the key/codes/etc or not locking up, they'd be endangering everyone, and I'd be liable for that to some degree. I'd err on the side of safety, and evict as needed. There are always potential risks/liabilities when you do business, but I'd rather risk being liable for a few bucks for an unjust eviction than being liable for someone getting hurt or killed. 

 

 

 

[mommymonster]

It really makes a difference which state you are in.

 

We have a daylight basement that we rent out. We've added locks between the floors so that the tenants are not able to access the main house. Usually the tenants are family members, but I'd still rather limit access.

 

 

[LarlaB]

We rent out a basement apartment and like PP we added locks between floors (we have a key for emergencies but do not enter the basement residence without 24 notice). Tenant is background checked and signed lease agreement agreeing to many specific terms- butwe didn't mandate that basement entrance be locked,