When Does a Guest Become a Tenant?

If you live in an apartment, you’ve likely let your friends and family crash with you for a night or two. Usually, having guests in your place is not a problem, but if your loved ones are staying often or for an extended period of time, your landlord might start to see them as tenants.

Here’s what you need to know about letting guests stay in your apartment without breaking the rules of your lease agreement. 

What is the difference between guest and tenant?

By definition, a tenant is the person listed on a lease agreement responsible for paying rent on time and preventing damage to the property. A guest is not. Guests do not have a binding contract with a landlord, and they typically only stay for a few days at a time.

In most cases, your tenant’s rights cover having guests stay over. However, your guests cannot establish residency in your unit without getting your landlord’s permission. Landlords will want any adult occupant actually living in your unit included on the lease agreement so that each resident has legal accountability.

When does a guest become a tenant?

Guests can become tenants after a certain period of time, but the length of stay isn’t the only important factor. If a guest is establishing proof of occupancy in your apartment, that’s also a sign to your landlord they are crossing into tenant-territory.

How many days can a tenant have a guest visiting in the home?

Your lease agreement may address the length of time you can have a long-term guest in your apartment, so look back at your lease to make sure you know the rules your guests should follow. Generally, guests can stay in a unit for around 10 to 14 days.

That’s not a hard-and-fast rule, though. In addition to variations between lease agreements, what one state’s laws define as a guest can differ from other locations. So, when does a guest become a tenant in Colorado? When does a guest become a tenant in Washington State? How long can a guest stay in my apartment in California? You’re not alone if you’re asking yourself these types of questions. State laws vary, so you should always check your local laws to make sure you understand the exact rules that apply to your situation.

What are some other signs that a guest is becoming a tenant?

Guests don’t pay rent in exchange for staying in a unit. However, paying rent isn’t the only way to prove occupancy. Your landlord may determine a guest has crossed the line and become a tenant in certain cases, including:

• Asset relocation
  If a guest starts moving furniture, belongings, and even pets into the unit, that signals to the landlord that the guest considers the unit home.
• Change of address or receiving mail
  Regular guests usually don’t have packages, letters, and subscriptions frequently delivered to a temporary dwelling. In fact, colleges and universities, the Department of Motor Vehicles, and various other institutions use a mailing address as residency documentation. Receiving mail functions as legal evidence of occupancy.
• Consistent overnight stays
  If a guest regularly stays in the unit overnight, landlords can assume they are no longer a temporary visitor.

Tenant vs. guest examples

Here are some examples that can help you understand when some short-term guests will become tenants.

• Children, parents, and relatives
  You can consider college kids who return home for short stays (think: weekends and spring breaks) as guests, as long as they always return to school afterward. They can become tenants if they return home for long periods, such as over the summer or because they’re no longer attending school. Likewise, parents and other relatives are guests if they stay for a few weeks to visit or help out. If they move in for more than a month, they’ve turned into tenants.
• Significant others and friends
  Romantic partners or friends that only visit during the day or occasionally stay the night are guests. However, if they spend most days and nights at the unit for weeks or even months at a time, they’re tenants.
• Nannies, babysitters, and au pairs
  If you have someone watching your child during days or evenings (or occasional nights), you can consider them guests. If someone lives with a family, they’re another tenant. Au pairs live with a family by definition, so they’re always tenants.

While some gray area does exist, thinking about whether someone uses the unit as a home base can help you figure out if that person has become a tenant.

When should you add guests to a lease?

Any adult occupant who lives in the property should be on a lease. This makes the occupant obligated to the lease and ensures the landlord knows who lives in their property. If you have a long-term guest living with you and do not inform your landlord, your landlord can take action.

Many landlords will take the first step of asking you to add a new roommate to your lease. Your landlord may discuss if the cost of rent will change and what the lease agreement will look like with an additional tenant.

A landlord may also serve you with a lease violation notice to terminate the lease agreement if you have another tenant in your unit without prior permission. To avoid this situation, make sure you follow any rules set out in your lease. If you want to have someone move in with you, proactively speak to your landlord to take the appropriate steps to add them to the lease agreement.

While you can have guests at your apartment, you can’t have guests stay for indefinite periods. Understanding when a guest becomes a tenant can help you ensure you don’t break the rules addressed in a lease agreement.