Can a house guest be considered a tenant?

If that is the case, your house guest may become entitled to eviction protection under state landlord-tenant laws. Similarly, allowing a person to receive mail at your address may also be evidence that he or she is a tenant.

Can a guest who won’t leave a house be a trespasser?

A guest who won’t leave is technically a trespasser — unless, that is, the police think he’s a tenant. This situation can quickly become complicated. Houseguests who have overstayed their welcomes are technically trespassing, which is a crime.

What to do if guest does not abide by lease?

If you choose not to amend the lease, you can order the guest to vacate or stay over less frequently to abide by the lease. Otherwise, your option is to serve the tenant with a violation notice and threaten to terminate the agreement with eviction.

What to do if a guest is not welcome in your home?

If you have made crystal clear that a guest is not welcome, but the guest continues to stay, call the police and report the person for trespassing. However, you may find that the police are not as helpful as you would hope.

Can a guest become a tenant after a few days?

Fortunately, under the laws in most states, guests (even those that have stayed longer than a few days) do not become tenants due to the duration of their stay.

Can a family member be considered a tenant?

A family member or friend occupying your home may be considered a tenant regardless of whether a lease was signed or there was payment of rent. If the family member paid for things like utilities or food, the payments of these expenses can be considered rent money. Accordingly, some state laws will treat them as a tenant.

What makes a person a long term guest?

The court considers such factors as how long the person has lived in the dwelling, whether he or she receives mail there, and the degree of control that he or she has over the space.