When Does a Guest Become a Tenant in California?

Roommates, family visiting for long periods of time, and new romantic interests are all examples of guests who become tenants. But when does a guest become a tenant in California?

In this article, you will discover the answer and why it matters.

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.

Can a Tenant Allow a Guest to Move In?

Landlords who have tenants can set very specific guidelines for the property when it comes to guests and additional tenants. Most rental agreements stipulate the individuals listed on the documentation are the tenants. They are the ones responsible for paying the rent.

While most landlord-tenant leases don’t deny tenants the right to have guests, the majority do restrict the length of time they can stay. Most restrictions fall somewhere between two and three weeks to compensate for overnighters, weekenders, and even out-of-town visitors.

Does that mean you can’t have someone over for a longer period of time? It depends on who you rent from. Landlords are pretty flexible when it comes to longer-term guests, especially if you ask for permission first. A young sibling or grandchild visiting for a month over summer break may not pose a problem, especially if the tenant offers to pay a little extra towards any included utilities.

California law protects a landlord if a tenant allows another individual to move into the property. The landlord would be within his legal right to choose to evict the original tenant for breaking the lease. If they choose this route, a specific process must be followed. It starts with filing a petition and serving the tenant with court papers.

Landlords also have the option to increase the original tenant’s rent instead. Adding a tenant qualifies them to make a mid-term rent increase as long as the landlord provides sufficient notice and reason.

It’s important to note that California law does not cap how much a landlord can increase your rent. The only guideline in place dictates that they must give you 30 days notice if they increase your rent by 10 percent or less. If the increase is higher than 10 percent, they must grant you a full 60 days notice instead.

However, there is an exception to these rules. Where rent is controlled, the landlord may only increase the rent by a maximum of 10 percent at a time – and they can’t raise the rent outside of the first 60 days. If that time period has already passed, the property owner must wait until lease renewal to change the rate.

What Happens When a Guest Overstays His Welcome?

A true short-term guest is someone who has been on the property for less than three days. Homeowners retain the right to ask guests to leave immediately, at any time, for any reason.

Anyone who has been on the property for more than three days but less than a year, and has not paid rent, can be served a 30 Day Notice to Quit that serves to terminate their Tenancy At Will. Homeowners or apartment-sharers should talk to a lawyer about how to properly file and serve the notice.

Did the guest pay rent at any given point in time? If they live on the property for more than a year, they can still be served a Notice to Quit. Instead, you must grant them a full 60-day notice before you can officially end the relationship.

It’s important to note that homeowners can’t simply change the locks and evict someone who has a Tenancy At Will. This action may be considered an illegal eviction, which carries a penalty of up to $100 per day.

What Can Homeowners Do to Protect Themselves?

It’s one thing to have a family member visit and stay within the home while traveling. It’s another thing entirely to invite a houseguest to stay on a temporary basis and have them refuse to leave or overstay their welcome. The best way for homeowners to protect themselves is to have the guest sign a document stating that being allowed to temporarily stay on the premises does not create a tenancy. This document should also specifically state that chipping in money for food or utilities isn’t considered paying rent or contributing to the household’s shelter costs.

Is your guest moving in for a short period of time? It’s also a smart idea to include something stating that the individual is a “tenant at will” and that they can be asked to leave at any time, with no notice.

Conclusion

Landlord-tenant law can be complex and complicated.

It’s important to consult with an attorney to ensure adherence with legal guidelines when evicting a freeloading houseguest from the property, especially if rent control or Section 8  applies. The sooner legal proceedings start, the sooner the homeowner can regain control of their property and change the locks!