It can be daunting to manage tenants especially if you are a first-time landlord. However, even after much preparation there are always unique issues that you may not have anticipated but will need to deal with eventually.
Some of these issues include someone living in your property without having a lease. It’s easy to cross the line between tenants and guests especially in residential properties. A tenant may have invited a relative or friend to their spaces for a while. Other times a tenant may have their significant other moves in without making it clear with the property owner.
In this article, you’ll learn important steps to undertake when dealing with a guest who has stayed too long.
A tenant, by definition, is an individual who is listed on a lease agreement as the rightful person who occupies a given unit in a property. They must also abide by the regulations in the agreement. A guest, however, is an individual who occupies a space by invitation of a tenant for a period of time and is not in a binding agreement with the landlord.
Oftentimes, the tenants’ rights cover all the guests that they may bring over during the period of their lease. However, it’s important to note that a guest cannot establish residency in a unit without the landlord’s permission or knowledge.
According to rental law, a guest can be considered a tenant after consecutive stays in the unit for a given period. The duration of stay often varies from state to state. However, the length of time is not the only determining factor. If a guest has established proof of occupancy in a given property that is also a sign that they are moving more towards tenant privileges.
Depending on the terms of your lease, the period of time a tenant can host a guest may vary. You should therefore be careful as a landlord when setting the rules on hosting guests on your property. Generally speaking, a guest can stay in a rental for about ten to fourteen days.
Other than differences in the lease document what state laws define as a guest may also differ. You should therefore ensure to check with your state laws in order to know the right time period for the guests on your property.
Guest do not pay rent in exchange for occupying a rental unit. However, rental payments aren’t the only way to guarantee tenancy.
As a landlord, you may determine a guest is crossing the tenancy lines if they:
Below are some examples to help you further understand the various types of guests:
As a landlord, you want to know when you’re hosting more people than you actually thought. With more tenants, you are bound to pay more in terms of maintenance costs and utilities.
Below are some of the ways a landlord can avoid the issue of a guest becoming a tenant:
Read through your lease agreement. Does it have a “use of premises” clause? You need to add this to the lease agreement and have it signed by your Florida tenant. It defines how each tenant uses the space, limiting the number of guests, and states exactly how long they can stay over.
Educating your tenants on their responsibilities and ensuring that they understand them is important. Tenants may to not be fully aware of the regulations, so to avoid any conflict or miscommunication, ensure that you go through the lease document with your tenants as they move in.
You should also emphasize the consequences if a tenant fails to meet their responsibilities.
As a landlord, you want to be sure that a tenants' guests don’t overstay their welcome. To prevent this issue be sure to carefully craft your lease agreement and go through it in detail with your tenants before they move in.
If you would like help with your lease agreement or managing your rental properties reach out to the experts at Suncastle Properties. Located in Florida, we are the leading property management company in the area. You can contact us for help regarding any real estate management inquiries that you may have.