Tenants are always welcome to invite guests over for the night. However, guests can overstay their welcome from a property manager’s perspective, creating many legal challenges. So, you must know how to manage all visitors who spend time at your property using a tenant guest policy.
With that said, this guide will cover what you need to know about managing guests at your property. You’ll discover the difference between tenants and guests, the stipulations of a guest becoming a tenant, and potential signs to stop such an event from occurring. Most importantly, you’ll learn what goes into creating a tenant guest policy.
This post covers:
Tenant guest policies are an essential aspect of any lease agreement because they’re designed to protect the property from possible damages. More importantly, guest policies help prevent guests from becoming tenants, which warrants many legal problems.
For instance, depending on the state, a guest can legally claim residency in a unit after staying there for a certain period of time. Meanwhile, guests are not contractually obligated to pay rent or uphold other agreements because they have not signed a lease like a tenant.
For this reason, you must include a tenant guest policy in your lease agreement or alongside it in a separate document. Ensure your residents sign the written policy for a concrete record to refer to in the event of violations.
Overall, thoroughly vetting residents for rental verification reduces the chances of tenants and their guests taking advantage of your property.
Watch how ButterflyMX works:
Generally, the difference between a guest and a tenant is that the latter is contractually obligated to pay rent. Guests are not listed on the lease agreement, meaning they have no responsibility to uphold it.
On the other hand, tenants must pay the agreed-upon rate and maintain any other obligations, such as paying utility bills and maintaining the unit’s appearance. Of course, tenants are legally allowed to have short-term guests per tenants’ rights, but when guests stay too long, it creates problems for the property.
Check your state’s laws before making management decisions for more detailed information.
Here’s an overview of residents vs. guests:
| Resident | Guest |
|---|---|
| Name appears on the lease | Name doesn’t appear on the lease |
| Pays monthly rent | Doesn’t pay monthly (or one-time) rent |
| Stays at the residence for extended periods of time | Stays at the residence for one or a few nights |
Your state determines when a guest becomes a resident. Guests may become residents after staying at the property for several days.
For example, in Connecticut, guests become tenants after staying at the property for 14 days within a six-month period. Conversely, states may require guests to stay longer or may not even list an official number. Instead, some states leave it up to individual properties to define what guests and tenants are in the lease.
Several states do not provide details on when a guest becomes a tenant. Rather, they delegate that task to landlords via the lease.
The states that do not outline when guests become tenants include:
Here are the states that do explicitly state when guests are considered tenants:
| State | When guests become tenants |
|---|---|
| Alabama | After 30 days |
| Arizona | After 29 days |
| California | After 14 days within 6 months or 7 consecutive nights |
| Colorado | After 14 days, within 6 months |
| Connecticut | After 14 days, within 6 months |
| Florida | After 14 days within 6 months or 7 consecutive nights |
| Georgia | Upon contributing to rent or offering services in lieu of rent |
| Illinois | Establishing residency without the landlord’s permission (e.g., receiving mail, adding address to official documents) |
| Indiana | After 14 days within 6 months |
| Kentucky | After 30 days or specified in lease agreement |
| Maine | After 14 days within 6 months or renting without a lease turns into “tenant at will” |
| Maryland | Upon contributing to rent or offering services in lieu of rent |
| Minnesota | Upon contributing to rent or offering services in lieu of rent |
| Mississippi | Upon contributing to rent |
| Missouri | After 14 days within 1 year |
| Montana | After 7 consecutive days unless otherwise specified by landlord |
| New York | After 30 days |
| North Carolina | A contract or agreement, either written or verbal, must take place between the owner and the occupant |
| Ohio | After 30 days |
| Pennsylvania | After 30 days or contributing to rent |
| Tennessee | Upon contributing to rent or specified in lease agreement |
| Texas | Upon contributing to expenses, receiving mail, or specified in lease agreement |
| Washington D.C. | After 14 days within 6 months |
Disclaimer: State laws are subject to change, and reviewing and verifying the latest statutes and regulations is essential. This document does not constitute legal advice, and you should consult with your legal counsel to obtain guidance tailored to your situation.
Before you take action against a possible guest-turned-tenant, you should be wary of the signs.
Here are some ways to determine if a guest has taken up permanent residence:
If you don’t have a written guest policy in your apartment, you are vulnerable to liability for damage caused by unapproved guests. So, ensure each resident agrees to your apartment guest policy.
Further, make sure you explain the differences between guests and occupants in the policy. This way, your residents don’t unintentionally turn their guests into permanent residents.
Here are a few tips for creating a fair renter guest policy:
A reasonable tenant guest policy does a few things:
Here are some frequently asked questions by tenants regarding their guests:
It’s best to limit your guest’s stay to the number of days/nights outlined in your lease agreement or guest policy. Otherwise, your landlord may take action, or your guest could legally consider your apartment their residence if the state’s conditions are met.
Yes, landlords can prevent you from having overnight guests or limit the number of nights guests can stay if the lease defines it.
download of renters in real life" width="800" height="533" />
I’m a real estate fanatic based in Texas who loves discovering and writing about innovations in property technology.
Follow Katie on LinkedIn
View all posts by Katie Kistler
