Anyone have a lease that includes periodic use of property by landlord ?

[Will Sherman]

I have found a tenant that has agreed to a relatively unconventional agreement for my furnished property in a popular vacation location. I would like to be able to occupy the property for 1 week every 4-6 months, which they agree to (with enough notice on dates) as they have to travel for work at times and could easily vacate during these periods.

Has anyone written this sort of agreement into a lease?

My initial thought is to write it as an addendum with specifics of how many weeks a year, max duration, rent will be prorated that month, dates must be agreed upon with tenant at least 3 months in advance, etc

Thoughts?

[Kevin Sobilo]

@Will Sherman, a few thoughts:

1. Hard to enforce. Since this tenant will have rights as a long term tenant if they do not vacate the unit for you to use you cannot trespass them and have the police oust them like you might a short term renter who doesn't have those rights.

2. Utilities. Unless all utilities are included it gets complicated to divide these equitably. 

3. Agreeing to dates in advance sounds good, but what happens if you cannot agree? You need detailed language to handle all possibilities.

4. Security. You have a tenant living fulltime in a unit and likely is leaving their belongings in the unit while you occupy it. What if something disappears? Or is damaged? Many possible complications here.

5. Liability. If your property is owned by an LLC using it for personal use may negate any liability protection the LLC would have offered.

6. Tax implications. Since you will not be renting the unit the entire year, I believe this will affect your taxes by reducing your deductions. I would think you would need to prorate all the deductions such as taxes, insurance, depreciation, etc. 

7. Seems needlessly complicated and pointless. If you are charging market rent, the rent you will lose for that 1 week of occupancy would afford you the ability to rent a comparable property on the market without the need for any of this kind of nonsense.