What is a Common area in a house?
So my two friends and I are moving into a 3bed 2.5 bath townhome next week. All our bedrooms are upstairs. I have a master bedroom and they share the bathroom upstairs. The half bath is on the ground floor.
They are trying to tell me that their bathroom is a “common area” of the house but I’m saying that
I will not be using their bathroom nor would my guests be. The bathroom downstairs is a common area. Anyone and everyone will be using it. But my two roommates and their guests will be using their bathroom and myself and my friends would use mine. My roommates are the only ones using that bathroom and their guests.
Would their bathroom be considered a common area?
- Landlord365Lv 510 months ago
A hall bath is a common area. Any area the tenant does not have exclusive rights to is a common area.
- sunshine_melLv 710 months ago
The bathroom (unless it's an en-suite) is a common area
- TiLv 710 months ago
Not if there is a half-bath downstairs that is available to guests.
- LollyLv 710 months ago
Their bathroom is a "limited" common area. Limited to them.
The same thing occurs in condos - a balcony can be owned as a common area to the attached owner and the condo association itself.
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- Verulam 1Lv 710 months ago
Wow - this is all too complicated for me. Best I can say is you all sit down together and try to come to a mutually agreeable plan. Especially if all 3 are on the Lease and there is no 'principal lessor'. I suppose this applies to who cleans what? At least you have more than the one bathroom!!
Is it worth getting upset about any of this? For me, ANY facilities, from kitchen to bathrooms etc., under the same roof should be available to all those on the Lease Agreement.
- JudyLv 710 months ago
- PearlLv 710 months ago
probably whatever is downstairs
- SimplytheFACTSLv 710 months ago
if you are all on one lease, the 3 of you need to define common area.
do you mean for cleaning? are they expecting you to clean their bathroom.....if so, then the deal needs to be that ALL bathrooms are common and they need to clean yours when its their turn.
simply being on a common hallway DOES NOT MAKE IT A COMMON AREA. if it is off limits to anyone but the other 2 tenants and their guests...it is NOT common area.
you could divide the dining room in half and be prohibited from the other half and it would no longer be common area.
- A HunchLv 710 months ago
The upstairs bathroom that is not an extension to the bedroom is a common area. Just like the hallway leading to it. It doesn't matter that you won't use it or will rarely use it... it's still available for anyone upstairs to use.
- Steve DLv 710 months ago
Yes, it is a common area regardless of whether you use it or not (your choice). The bathroom is available to anyone, making it a common area.