A house's regular occupant had been in a convalescent home for more than one year. She fully intended to return and the house was being regularly maintained in the meantime. Is the house considered inhabited?

• A. No
• B. Yes
• C. It depends on occupancy
• D. Only if utilities are connected

Answer: (B)

Occupancy is about intention and upkeep, not a person’s constant presence. If the regular occupant has been away for a long period but fully intends to return and the house is being regularly maintained, it remains the dwelling’s inhabited status. The plan to come back shows ongoing use as a home, and the ongoing upkeep indicates it’s not abandoned, so it’s considered inhabited. The other ideas don’t fit because being away doesn’t automatically end occupancy, vague phrasing like “depends” lacks the clear criterion, and having utilities connected isn’t required to determine occupancy.