When hosting family or friends in your rental, it’s important to know your rights as a tenant.
If it hasn’t happened to you, you probably know family or friends who have been in this situation. A family member or friend comes to visit and they don’t seem to have any intention of leaving. Maybe it’s because they’ve had a run of bad luck and need time to get back on their feet. Or, perhaps a significant other started spending more time at your place instead of their place.
Regardless of the reason, their presence is starting to feel more like a roommate than a guest. The only problem is you’re still paying the rent and utilities solo. So, when does a guest become a tenant?
It’s a question worth asking because you may not be the only one interested in the answer. Your landlord may have noticed your guest’s extended stay, as well, and may start making noises about a second tenant in your apartment. As such, it’s important to know what constitutes a guest versus a tenant and when you may need to make that transition official.
Has your guest overstayed their welcome?
Legally speaking, a tenant is a person named on a rental or lease agreement and is responsible for paying the rent and agreeing to not damage the property. A guest is someone not named on the rental or lease agreement who comes to stay with you with the intention of leaving after a brief visit.
Unless your rental or lease agreement states a specific time period for guests, there’s not a designated timeframe for how long guests can stay. Of course, if your guest hasn’t been talking about leaving any time soon or avoids your questions regarding when they’re headed home, that could be cause for concern.
Transitioning from guest to tenant
In addition to how long your guest stays, there are other factors for when a guest becomes a tenant. For example, has your guest started referring to your place as their home? Are they listing your address as their address when applying for jobs or to attend college? Have they started to bring their own furnishings or personal items to your place? Is their pet now your pet?
These are all indications that they consider your place their place. In addition, your landlord also will use these factors to prove your guest is no longer a guest but, in fact, a tenant.
You’ll need to make the call for when a guest becomes a tenant to avoid any legal problems if it looks like your guest has no intention of leaving. If your landlord has noticed your guest has become more of a permanent resident, he may serve you with a notice to terminate your rental or lease agreement for adding another tenant without notifying him or adding that person to the agreement.
You’re responsible for repairs or replacing damaged items your guest destroys. Even if you have renters insurance, your policy may not cover damages incurred by your guest.
Also, if your guest has plans to stay for the long term, then it’s only right for them to pay their share of the rent, utilities and other living expenses.
Roommate: Ready or Not
When it becomes clear your guest is now effectively your roommate, you’ll need to notify your landlord so your guest can be added to the rental or lease agreement. Keep in mind your landlord is under no obligation to add your guest to the agreement. He likely will evaluate your guest using the same criteria you provided when you first applied to rent the property. This includes verifying employment, running a credit check and possibly asking for a security deposit.
When your guest is added to the rental or lease agreement, they need their own renters insurance. Your policy only covers your personal belongings and any damage you cause in the apartment or home. Your guest will need to cover their personal belongings and any damage they may cause.
Show your guest the door
If your guest shows no signs of leaving and balks at the idea of becoming a tenant, it may be time to ask them to leave. Explain that you may face legal issues if they stay. Remind them that you’re paying additional expenses in the form of utilities, groceries and so on to accommodate them, and your budget is taking a hit. Make sure they know you enjoyed the visit, but you can’t lose your apartment.
If your guest is resistant, prepare for a possible battle. You may be able to enlist the aid of other family members to encourage your guest to leave. Or, you may need to retain the services of a lawyer and engage in a court-ordered eviction process. That may not be as easy as it sounds.
Depending on local and state laws, your guest may have squatters’ rights that permit them to stay. In some states, squatters may stay as little as 30 days to be considered a tenant of the property, even if they have not signed a rental agreement. The process to have them evicted could be expensive, lengthy and time-consuming. Hopefully, your guest will not want to put you through that experience and will leave as requested.
Moving on
Hosting a friend, family member or significant other for a quick visit can be fun and enjoyable. But when that visit stretches out too long, it can become a problem. Knowing how and when a guest becomes a tenant is important to ensure you won’t face eviction or other legal problems.
Source: rent.com