Guests Who Stay Too Long, Are They Tenants?

Houses For Rent In Fort - Guests Who Stay Too Long, Are They Tenants?

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Now this is tricky because the rules turn 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.

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Houses For Rent In Fort

All tenants have guests and visitors who are vacationing from far away places. Landlords never have trouble with guests of tenants in good standing. In fact, its nice.

The qoute arises when guests stay too long and start to take on the aspects of tenancy. In some areas, that has to be carefully monitored because too many instances or proprietary of tenancy and look out...you have a tenant that never went straight through your approval process, your credit check and your prior landlords stamp of approval. That takes the control 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 agreement define how long a tenant may allow a guest to stay. Many reconsider twenty or thirty days a maximum amount of time. Check with the local laws in your area. Beyond that duration of time it may be possible 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 proprietary of a co-tenant without ever having gone straight 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 anyone other than the lease holder. Return all checks not in the name of anyone on the lease. Firm! One check could be used to create a tenancy

* Never issue or allow a key to be issued to the guest. If you notice 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 quickly once you are aware a tenant's guest is overstaying and breaching the lease agreement. reconsider 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 relationship or rent board for law and allowable procedure. For example, elderly family members, new spouses and others may have proprietary concerning a move in.

* To guard against the argument 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 inform 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 notice to cure a breach of the covenant. Be sure that policy is followed precisely. It is a good idea to talk to your apartment relationship or legal adviser before proceeding. There are professional server companies 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 allowable guidance before acting.

* Seek professional guidance and reconsider eviction proceedings.

* Do not turn locks or in any way lock out the tenant or guests without talking to your adviser or apartment association.Tread lightly and succeed policy to avoid a law suit.

Howard Bell for yourpropertypath.com

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