Now this is tricky because the rules change from city to city sometimes. Each rent board or state seems to think that regulating this is going to keep it clear. Not so, if the norm keeps changing.
All tenants have guests and visitors who are vacationing from far away places. Landlords never have issue with guests of tenants in good standing. In fact, its nice.
Rent A Home Of The Triad Complaints
The qoute arises when guests stay too long and start to take on the aspects of tenancy. In some areas, that has to be considered monitored because too many instances or ownership of tenancy and look out...you have a tenant that never went through your approval process, your credit check and your prior landlords stamp of approval. That takes the operate away from the owner/ boss and can be a huge headache.
How do You safe Yourself?
The first line of security is usually the tenant screening process prior to a move in. But, if the process can be co-opted and so you need a second line of defense.
Have your lease bargain define how long a tenant may allow a guest to stay. Many think twenty or thirty days a maximum whole of time. Check with the local laws in your area. Beyond that period of time it may be inherent for that guest to be seen as a trespasser.
The danger is a guest that overstays could act as a co-tenant and then insist on having the ownership of a co-tenant without ever having gone through your approval. Once a tenancy has been established its on the owner to have good cause. These days, landlords are often forced to buy back the tenancy or go to eviction. Eviction can mean many months of no rent payments and lawyers fees. Too much trouble, best to be ready to avoid the problem.
What Can You Do?
Absolutely avoid appearing to accept the guest as a roommate or co-tenant:
* Never accept a check from whatever other than the lease holder. Return all checks not in the name of whatever on the lease. Firm! One check could be used to form a tenancy
* Never issue or allow a key to be issued to the guest. If you consideration a stranger or guest using the front door key, immediately post a letter to the unit requesting the key be returned to the lease holder. Document that you were aware and did not approve.
* Never act in any way that could be seen as treating a guest as a co-tenant
* Act speedily once you are aware a tenant's guest is overstaying and breaching the lease agreement. think a formal letter to the legal tenant indicating a breach. Each state will have rules and procedures for this kind of notification.
* Check with your local apartment connection or rent board for law and proper procedure. For example, elderly family members, new spouses and others may have ownership about a move in.
* To guard against the consulation that you have treated a guest as a tenant and therefore the right to stay,
* You may send and document a letter to the tenant as a reminder that the tenant must edify you of any guest and that they may stay only according to the terms of the lease (refer to the page and paragraph that defines the time limits).
* If a guest has overstayed you may send the tenant a three day consideration to cure a breach of the covenant. Be sure that course is followed precisely. It is a good idea to talk to your apartment connection or legal adviser before proceeding. There are pro server clubs that will post and document. In many states this cost can be passed onto the tenant.
* Call your local Police Dept. And see what they suggest. Again seek proper guidance before acting.
* Seek pro guidance and think eviction proceedings.
* Do not change locks or in any way lock out the tenant or guests without talking to your adviser or apartment association.Tread lightly and succeed course to avoid a law suit.
Howard Bell for yourpropertypath.com
Guests Who Stay Too Long, Are They Tenants?