Q&A: Rules for Extra Tenant?

Q I have lived in a unit for the past three years. I am planning on having my boyfriend move in with me in a few months. Are there any community or state rules or regulations that will prevent this from happening? I own the unit but would I have to let the management know he is living there?

—Settling In

A “There is no law that would prevent a boyfriend from occupying a unit as part of a single household unit,” says attorney Ron Perl of the law firm of Hill Wallack, LLP in Princeton. “The governing documents of the association are not likely to contain a provision that prohibits occupancy by a non-married couple, as opposed to a married couple. The key is that the unit must remain a single family residence. The association's restrictions are likely to prevent an owner from renting a room (i.e. less than the entire unit) or creating a transient tenancy. Other restrictions on rentals may exist. Also, in an age-restricted community, there would be age-related occupancy qualifications. However the occupancy of a unit by an unrelated couple is not barred by law, nor should the association documents prohibit occupancy on that basis.”

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