When Does a Guest Become a Tenant in California?
Any guest who stays at the property for more than 2 weeks within a 6 month period could be considered a tenant and must be added to the lease agreement. This may vary depending on the specifics of the lease agreement. This may not seem like a big deal to most tenants, but a guest who stays for long periods of time is a liability and must be added to the lease agreement so he or she is legally accountable.
Let's take a closer look …
Guest or Tenant?
There are no clear guidelines that establish when a welcome houseguest becomes a tenant. Most states do not define tenancy by the duration of a person's stay. Instead, they look at other factors. These include:
Whether or not the homeowner is accepting monetary compensation
How many nights in a row the guest has stayed
Whether or not the guest is receiving mail at the property
If the guest moves pets or furniture into the property
Whether or not the guest has a key
Accepting money is the most important consideration; the second money transfers hands, it qualifies as a non-verbal landlord-tenant agreement. In this case, you may have to go through a formal eviction process in order to get your guest to leave.
As a homeowner, there are several different situations in which a person may be in your home as a guest and transition into tenancy. Landlordology has a great list of examples.
A child leaves home for college. Visits home for the weekend or a holiday make them a guest. Returning home for the summer makes them a tenant.
A friend or significant other who only visits during the day and only occasionally spends the night is a guest. One who spends the majority of days and/or nights on your property is a tenant.
Parents visiting from out of town for a few weeks or for a special event are guests. Parents moving in after an illness or because they need long-term care are tenants.
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When Does a Guest Become a Tenant in California?
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The Difference Between a Hotel Guest and a California Tenant: Substantial Legal Distinction
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WHEN DOES A HOTEL GUEST BECOME A TENANT
POSTED ON DECEMBER 28, 2021
A guest becomes a tenant if:
The guest stays at the hotel for 30 days or more; and
The guest has paid for all room charges owed by the 30th day.
*** Courts have found guests to be tenants even when the 30-day stay is not consecutive. Checking out a guest for one day and then checking them back does not avoid tenant status.
Hotel owners should provide the following to guests, but not tenants
Fireproof safe
Essential telephone service
Maid/ housekeeping
Mail service
Food establishment that is on or next to the hotel
Hotel managers have the right to:
Access guest rooms
Lock out guests who don't pay room charges on time
https://dpaattorneys.com/2021/12/28/when-does-a-hotel-guest-become-a-tenant/
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