If a guest stays long term, does that make him a tenant?
It depends upon the circumstances. If a tenant has requested and received landlord permission for an extended stay by a guest, then generally the guest would not be considered a resident. If the guest starts behaving like a tenant, i.e., living at the property, a landlord may have just acquired a new resident unless he enforces his policy within a “reasonable” time upon discovery of the violation of the lease agreement. To determine whether a guest has become a tenant in fact, a landlord could consider the following issues in addition to the length of the guest’s stay:
- Has the stay exceeded the time period as specified in the tenant’s lease agreement?
- How many consecutive nights has the guest stayed?
- Has the guest been offered or accepted an arrangement from the tenant that could be construed as a sub-lease?
- Does the guest receive mail at the tenant’s address?
- Does the guest have a key to the tenant’s rental unit?
- Has the guest moved personal property, such as furniture, into the rental unit?
- Has the guest moved a pet into the rental unit?
- Does the guest maintain a personal residence somewhere else?
- Do the neighbors consider the guest as a tenant?
- Does the guest conduct himself as a tenant? Has he “moved in?”
- Has the guest offered to pay rent?
- Has the landlord accepted rent from the guest?
- Has the guest requested repairs or maintenance for the tenant’s rental unit?
- Does the guest have unrestricted tenant-level access to property amenities?
The landlord has a duty to protect his property and his tenants. When guests become full-time residents, the landlord has increased the chance of damage to his property and his liability for the safety and security of his tenants.
It is in the landlord’s interest to prevent claims of negligence that the landlord knew or should have known of a dangerous or potential threat to the safety and welfare of his tenants and their property. The guest/resident could present such a threat since the landlord did not conduct tenant screening on the guest.
Accordingly if a guest has violated the lease terms and conditions, the landlord must take appropriate action to remedy the situation. Lease violations that are not cured could lead to claims of discrimination by the other tenants.