Does "maxiumum occupancy" in short term condo rental apply to weekend guests?

September 30, 2010 3:00 PM

Does "maxiumum occupancy" in short term (2 months) condo rental apply to weekend guests? We're renting a condominium in Florida for 2 months. The rental agreement states that the maximum occupancy is 6 (three bedroom unit). We are a family of 6. My daughter would like to invite a couple of friends for a weekend (overnight guests), which would bring the number to 8 for two nights. Would this break the condo rules? What if they stay a week? If it's not permitted, are they allowed to have dinner with 8 people eating in the unit?
posted by kirsti to Law & Government (8 answers total)

Best answer: IAAL but not this kind of lawyer - however, I would say that the key word is "occupancy." Overnight or weeklong (or just for dinner) visitors aren't occupying the condo, which I would think means "living in." They're visitors, not occupants. However I wouldn't be surprised if there was a clause about visitors which might specify how long people can stay.
posted by wuzandfuzz at 3:30 PM on September 30, 2010

Who is counting?

Is there a concierge (sp?) person at the main entrance checking people in?

Unless you are planning on annoying the neighbors, I would not sweat it. And if anyone says anything I would revert to 'plan B', and do as floam suggests, beg forgiveness ...
posted by GeeEmm at 4:18 PM on September 30, 2010

I agree that I'd be surprised that occupancy included guests - guests aren't occupants. People who live in the other condos all the time certainly must have guests sometimes, both overnight and dinner. I'm also guessing the main intent of the clause is to prevent overcrowded party houses that are disturbing the neighbors, which it don't sounds like you'll be doing - which is why it's really unlikely that any neighbors will report you for having two extra guests, even for a week.
posted by ldthomps at 4:41 PM on September 30, 2010

If your renting it as a vacation home, I suspect the landlord will look at occupancy the same way a hotel does. You can have people up to your room but they can't stay overnight. When you're only renting a place for 2 months the dividing line between guest and occupant is pretty fuzzy. In general, I doubt anyone would actually care as long as the place is clean when you leave and you haven't pissed off your neighbors or had the police shut down your party. If you're nervous about it, ask the landlord (and if your worried they'll say "no" then maybe you've already answered your own question).
posted by doctor_negative at 4:55 PM on September 30, 2010

I think everything will be fine if your guests do not make too much noise.
posted by ovvl at 6:40 PM on September 30, 2010

Response by poster: I probably could get away with it even if I broke the lease conditions, but where do I stand legally? It's an owner-occupied complex with 2-story units which can be rented out three times a year for a minimum of 1 month, max 3 months. So, in this case, is "occupancy" hotel-room-type occupancy or condominium-lease-type occupancy? I don't want to cause trouble for myself or the owners (who are far away) but I don't want to deprive my teenager of the pleasure of being reunited with her classmates either. I don't want to ask the condominium association because they may state their preference as opposed to my legal obligation. Having a sound answer to this question will make it a much better vacation for me.
posted by kirsti at 10:51 PM on September 30, 2010

Why can't you just call the landlord and ask for clarification? It sounds like you don't want to fool anyone and you have alternative suggestions (I am pretty sure dinner guests for consecutive nights is fine) so what's the harm in asking directly?
posted by like_neon at 2:17 AM on October 1, 2010

Response by poster: Calling the landlord...Let me give you an example. My daughter's lease states "no pets". If you call the landlord, he will say "Absolutely no pets". If my daughter now gets a dog, is she in trouble? No. In Ontario, pet clauses in leases are invalid.
So, if ever this should go to litigation, what's the definition of "occupancy" in my case? I'm looking for someone to support fuzandfuzz's answer with facts.
posted by kirsti at 9:52 AM on October 1, 2010