Legal Definitions - common occupant

A common occupant refers to an individual who occupies a property, or a portion of it, with the express or implied permission of the owner, but without a formal lease agreement or a specific legal right to exclusive possession. Unlike a tenant who holds a formal lease, or a trespasser who occupies without permission, a common occupant's presence is tolerated or invited, often in an informal capacity.

• Example 1: An adult child, after graduating from college, moves back into their parents' home while saving money for their own place. They have their own bedroom and share common areas like the kitchen and living room.

  Explanation: The adult child is a common occupant because they reside on the property with the explicit permission of their parents (the owners). However, there is no formal rental agreement, no rent being paid, and no specific legal document granting them exclusive tenancy rights. Their occupancy is informal and based on familial permission.

• Example 2: A small, independent artist is invited by a gallery owner to display and sell their artwork in a designated corner of the gallery for a weekend art fair. There is a verbal agreement about the space and a percentage of sales, but no formal lease or license document for the space itself.

  Explanation: The artist acts as a common occupant of the gallery corner. They are present and conducting business with the gallery owner's permission. While they are using a portion of the property for a specific purpose, their arrangement is informal, lacking the structured legal framework of a lease that would grant them exclusive possession or a formal tenancy.

• Example 3: A homeowner allows a neighbor to park their recreational vehicle (RV) in their driveway for a few weeks while the neighbor's own driveway is being repaved. There is no charge for this arrangement.

  Explanation: The neighbor, through their RV, is a common occupant of the driveway space. They are occupying a portion of the property with the explicit permission of the homeowner. There is no formal agreement or payment establishing a lease, making their use of the driveway informal and permissive rather than a formal tenancy or easement.