There is nothing wrong with a tenant’s guest coming in and going out of the rental property at different times throughout the lease tenure.
As per the covenant of the quiet enjoyment section, tenants have the right to bring people to their rental place, be it a family member, friend, or a significant other. However, this shouldn’t be translated as the tenant’s guest can stay over the place as long as possible.
Landlords often have a concern over the guests moving into a rental property. Usually, 10-14 days is the maximum time for a guest to stay at the rental place.
To prevent future inconveniences or legal complications, landlords must discuss with the tenant how long a guest can stay at the place and document it clearly in the lease agreement.
This helps the landlords identify when a tenant’s guest crossed the boundary from temporary visitor to occupant and employ his rights of rental property.
So, do you know what is the appropriate time limit for a guest to stay at the rental property? We have provided all the necessary information that you must know regarding the guest policy for a visiting guest before finalizing your lease agreement
Differences between Guests and Tenants
A tenant is someone over the age of 18 who pays you rent for living on your property. This is the person with whom you sign a leasing agreement and make him responsible for fulfilling the obligations written in the lease. Someone who moved in with the tenant (parents, children, nanny) is also considered a tenant.
A guest is the one who might visit the place a few times or occasionally stays there overnight. He has no link with the lease and is not responsible for paying rent or fulfilling any obligations mentioned in the lease.
It can be a friend, family member, or worker who visits a few times or stays overnight only at the weekend and once in a while.
How to recognize when a Guest becomes a Tenant
You must notice when the tenant’s guest at your rental place has become new tenants. Certain pointers can help you identify that the guest is turning into a permanent tenant:
- The guest becomes a tenant when he starts paying a part of rent, utilities and has a verbal agreement with you. After receiving rent from the guest, you enter into an informal lease agreement.
- When the guest starts receiving packages and mails at your property
- When a guest starts staying overnight for more than the allotted time. You can spot it using security cameras or by seeing if the guest is parking the car at your residence every night.
- When the guest starts moving in furniture, personal belongings, or pets
- When the guest has got the key and is spending several nights at your property
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What to write in the Guest Policy
While signing the lease agreement, the landlord must ensure that he has mentioned the guest policy. You must cover the following points:
- Maximum numbers of tenants to live on the rental property
- Kind of guests that are allowed (such as friends and family of existing tenants are permitted as guests)
- Number of guests allowed at one time
- Number of nights and a time period in which guest can stay overnight
- The Consecutive nights for a guest to stay
- What action can you take if guests stay longer than the allotted time (such as evicting the tenants, increasing the rent, or adding the guests to the lease)
Regarding the maximum time for a tenant’s guest to stay at the rental property, most landlords allow them to keep their guests for 10-14 days in six months and seven nights consecutively.
For guests staying more than 14 days in 6 months or more than seven consecutive nights, the landlord can decide whether to evict the tenants, add the guests to the lease, or increase the rent for the tenant.