Children on Lease - Landlord Forum thread 347666

Children on Lease by Anonymous (FL) on August 27, 2016 @15:33

We are preparing a lease to a parent of 2 children who has shared custody. The children will visit the parent to whom we are renting twice per week.
Under "Use" on the rental agreement, should we list the "2" children as tenants?

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Re: Children on Lease by J (FL) on August 27, 2016 @16:20	[ Reply ]

List them as "Occupants"

Re: Children on Lease by MrDan (GA) on August 31, 2016 @14:26	[ Reply ]

A landlord should be careful how persons are listed and treated on a lease as there can be legal ramifications. Listing the children as occupants implies that the landlord is holding them legally responsible for the terms of the lease. Which could give the custodial parent grounds to file against the landlord. If the landlord had to evict in the future, the children would have an eviction on their record which would result in liability for the landlord. Some common definitions to consider are; "Tenant" means a person who is authorized by a lease to occupy a dwelling to the exclusion of others and, who is obligated under the lease to pay rent. "Occupant" means a person who has the landlord's consent to occupy a dwelling but has no obligation to pay the rent for the dwelling. "Roommate" a roommate refers only to a person who is not named on the lease of the apartment he/she shares with the prime tenant or leaseholder. "Co-tenant" is named on the same lease as one or more other people who all share the same apartment. Co-tenants equally share the full rights and responsibilities of the tenancy. "Subtenant or Subletter" is someone who rents from the prime tenant (rather than from the landlord) for a period of time when the prime tenant is temporarily away. If someone lives in your apartment while you live elsewhere most of the time, legally that person is not your roommate; he/she is your subletter (either legally or illegally). Many tenants have the right to sublet by law, but must follow proper procedures and/or obtain written consent from the landlord. "Family Member" is a member of the primary tenant’s family who lives in the apartment but is not named on the lease. Some family members, in certain situations, have succession rights: They can take over the apartment when the prime tenant moves or dies. When determining the right of tenants to have an additional roommate, certain family members are not counted. "Guest or Licensee" is a person who has permission from the primary tenant to stay in the apartment temporarily, but who has no written agreement and does not pay rent. (Example: Your cousin comes to stay with you and sleeps on your couch for a week).