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  1. #1

    Default When Does a Visitor Become a Tenant

    My question involves an eviction in the state of: California

    One of my tenants has had a visitor stay with them now for 16 days exactly (He's giving problems).

    I'm getting worried and would like to know if he is considered an established tenant by now? Can I call the cops to have him removed?

    Thanks in advance.

  2. #2
    Join Date
    Oct 2006
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    16,474

    Default Re: When Does a Visitor Become a Tenant

    Quote Quoting Charles-Landlord
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    My question involves an eviction in the state of: California

    One of my tenants has had a visitor stay with them now for 16 days exactly (He's giving problems).

    I'm getting worried and would like to know if he is considered an established tenant by now? Can I call the cops to have him removed?

    Thanks in advance.
    16 days is generally not long enough to establish a tenancy. However, its starting to push the envelope. What kind of problems is he causing?

  3. #3

    Default Re: When Does a Visitor Become a Tenant

    I'm... no lawyer but boy would it suck to be invited to stay somewhere and then have the cops show up telling me suddenly that I need to leave. I'm not even sure how I, as a guest, would be violating any law. I could be wrong but it sounds like something that would get dealt with through the tenant, right?

  4. #4
    Join Date
    Jan 2008
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    Toledo, OH
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    16,307

    Default Re: When Does a Visitor Become a Tenant

    I'm not even sure how I, as a guest, would be violating any law.
    Your host would be in violation of his lease if you acted the fool - damaged property, disturbed other tenants, parked improperly, made a mess in common areas, etc.

    Your host's landlord is entitled to enforce the terms of the lease. Leases usually include a clause outlining a tenant's responsibility to keep their guests in check, on pain of having the guest removed, the tenant evicted, or both.

  5. #5
    Join Date
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    Default Re: When Does a Visitor Become a Tenant

    Quote Quoting Charles-Landlord
    View Post
    One of my tenants has had a visitor stay with them now for 16 days exactly (He's giving problems).

    I'm getting worried and would like to know if he is considered an established tenant by now? Can I call the cops to have him removed?
    You should have a provision in your lease relating to long-term guests and your tenant's responsibilities in the event that a guest becomes an occupant. Your tenant's long-term guest does not become your tenant simply by virtue of his presence in the unit. If the guest's conduct is rising to the level of being a nuisance, you can consider whether the problem activity is of a criminal nature (such that you might involve the police) or is of a lesser nature (in which case you can evaluate your rights under the lease and whether you have grounds to take action against your tenant, such as giving notice based upon a violation of the lease).

    You can ban an unwanted person from the common areas of a rental property, assuming no legal relationship with the tenant that would entitle the person to become an occupant, but the analysis can become a bit more complicated if the person is invited by a tenant and simply comes and goes from the unit without loitering or creating any other problems on the premises.

    You are apparently the landlord for multiple units, so it would make sense to have your lease and community rules reviewed and potentially updated by a landlord-tenant lawyer who serves landlords, and perhaps to discuss this problem situation within the context of that consultation.

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