When does a 'guest' become an unapproved tenant?

Question

My tenants 'friend' arrived in his own motorhome and has been there a month. At what point does he become an unapproved tenant who may or may not be subletting from my tenant?

Patricia Steiner · Answer

Here's the standard in California:

"Standard rental and lease agreements often state: Guests may stay a maximum of 14 days in a six-month period – or 7 nights consecutively on the property. Any guest residing on the property for more than 14 days in a six-month period or spending more than 7 nights consecutively will be considered a tenant." (Source: www.fastevictionservice.com)

Time for that motorhome to motor on...

Nathan Gesner · Answer

My lease says no more than 14 days in a 6-month period. If they're staying more than that, they need to be screened and signed on the lease.

Kyle J Reed · Answer

In my neck of the woods here in kansas we give them 14 days.   When its apparent that they are staying longer than 14 days  I will send out a 14/30 notice letting them know they have 14 days to correct the violation or everyone needs to be out in 30 days. After 30 days the eviction process starts.

Brian C. · Answer

Thanks so much Patricia!

Jonathan R McLaughlin · Answer

@Brian C.varies by state but I would say “shockingly quickly” :)

Kyle J Reed · Answer

If you have someone living on your property and they are not on the lease then that is a lease violation and the corrective step would be to give your tenant  a 14/30. Any person that is over the age of 18 that moves in with a tenant of mine that has already signed a lease agreement has to fill out a application and it has to be approved.

Brian C. · Answer

@Nathan G..Im using a California Association of Realtors form and surprisingly this issue isn't addressed..but I'll write it in!

Johann Jells · Answer

What exactly are they in violation of? Do you put a limit in the lease? I have occupancy limits but if a single person takes a unit with a 2 person limit I don't change it to a 1 person limit. I've never had a problem with tenants I've placed and written the lease taking in their partners, but have had issues with legacies taking in new disruptive partners.  I currently have the batsh*t crazy girlfriend of a legacy tenant in a 4 unit property. She's huge, aggressive and her normal voice is a shout! But given they're both on SSI and this is NJ I don't think I have any recourse.  I never even received copies of any leases when I bought it. I've just assumed I'd be stuck with her if he OD'd or took off.

When does a 'guest' become an unapproved tenant?

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