Renting out property can be a great source of income, but it isn\u2019t always smooth sailing for the landlord. Aside from rent collection and potential disputes over maintenance costs, there are a few other scenarios that can complicate the landlord-tenant relationship. One of these is guests overstaying their welcome. <\/p>\n\n\n\n
These are individuals who stay at a property for an extended period of time without the landlord\u2019s explicit permission. That\u2019s why it\u2019s important to answer the fundamental question: when does a guest become a tenant? <\/p>\n\n\n\n
Everyone has friends that need a place to stay while they\u2019re between jobs or family members that fall on hard times. But the lease should always reflect the presence of individuals who are living at your property for several months. After all, these long-term guests are a liability for both the tenant and the landlord. Keep reading to learn how to identify and deal with these situations. <\/p>\n\n\n\n
Tenants typically have a lease or at least a verbal agreement with the landlord, which obliges them to pay rent and permits them to make maintenance requests. Guests don\u2019t. A guest visits occasionally and doesn’t have any financial or legal obligations. Depending on their agreement, tenants can welcome guests and allow them to stay over for a certain period of time without the landlord\u2019s approval. <\/p>\n\n\n\n
The lines get blurry when the term \u201coccupant\u201d comes into play. While some see occupants as anyone staying the night, the main difference between a tenant and an occupant is that the latter might reside at a property, but the obligations of the lease still fall exclusively on the tenant. <\/p>\n\n\n\n
Occupants are most commonly children. You aren\u2019t under any legal obligation to add them to the lease, and they cannot be treated as tenants. Whatsmore, everyone is clear about the fact that they are covered by the tenant\u2019s rent. <\/p>\n\n\n\n
Guests, on the other hand, can overstay their welcome, especially if the costs of them living on the property start piling up. So whether you want your partner or an old college buddy to stay at your place for a while, it\u2019s important to ask: how long can a tenant have a guest?. <\/p>\n\n\n\n
Here, it\u2019s important to make a distinction between a few scenarios that may cause confusion. For instance, if a college student comes back home every winter\/summer break but always returns to school when the vacation is over, he is just a guest. However, if someone moves in because they\u2019re no longer in school, that person becomes a tenant. Also, anybody visiting their children or helping out with a newborn is a guest. That\u2019s not the same thing as an elderly person moving in with relatives because they\u2019re incapable of living on their own. <\/p>\n\n\n\n
The answer to this question usually depends on the agreement between the landlord and the tenant. The rules should be outlined in the guest policy section of the lease. Most landlords don\u2019t allow guests for more than 14 days during a six-month period. However, landlords can have stricter rules, and it\u2019s within their right to put them in writing.<\/p>\n\n\n\n
And while most property owners will request permission to conduct a thorough screening of their tenants<\/a>, this isn\u2019t an option with guests due to existing legal constraints. That\u2019s another reason why communication with the landlord is essential. Tenants who plan to host someone for a longer period of time should get prior approval from the landlord.<\/p>\n\n\n\n The most common way for a guest to become a tenant is by adding their name to the lease. However, in practice, the courts can recognize many different circumstances as proof that a guest is actually a tenant. For example, if a landlord accepts money or another kind of compensation from a guest for their stay, the guest automatically earns the rights of a tenant.<\/p>\n\n\n\n Additionally, if someone enters into a verbal agreement with the tenant and is covering part of the rent, they can be considered tenants. In some states, any guest who stays for longer than two weeks is considered a tenant by default. <\/p>\n\n\n\n Technically, landlords can\u2019t prohibit their tenants from having guests over. However, they can add sections to the lease that cover the tenant\u2019s rights concerning visitors. But there are a few other factors to consider. For example, federal occupancy laws tell the landlord how many people are allowed to stay in each bedroom, while zoning laws can even limit the type of relationships that those renting in certain areas can have. <\/p>\n\n\n\n That said, most landlords don\u2019t really care how many guests the tenant has as long as they don\u2019t receive noise complaints from neighbors and there isn\u2019t any illegal activity going on like drug use. If any of these guests are thinking about establishing residency in a home, the landlord needs to be notified, and the lease agreement needs to be updated. <\/p>\n\n\n\n Every situation is different, and the landlord needs to be open to the tenant\u2019s side of the story. The guest can be a family member or a friend who needs a place to stay until they get back on their feet. It could be someone trying to escape an abusive relationship or a special somebody who wants to move things to the next level, but the tenant isn\u2019t sure about adding such an occupant to a lease yet. After talking to the tenant, the landlord can do a number of things depending on the situation:<\/p>\n\n\n\nHow and When Does a Guest Become a Tenant? <\/h3>\n\n\n\n
Can a Landlord Prohibit Guests?<\/h3>\n\n\n\n
Talk to the Tenant <\/h4>\n\n\n\n
Add the Guest to the Lease<\/h4>\n\n\n\n