Visiting relatives stay longer than expected. An elderly relative who needs help after a fall stays with their children. But for the landlord its important to get anyone who stays on the property past a designated time period on the lease or rental agreement to be legally accountable.
At what point under California Law do guests who are not initially screened and signed onto the rental or lease agreement become tenants? This is important for landlords to understand because guests can easily become major liabilities when they begin acting like tenants.
Guests may stay a maximum of 14 days in a six-month period — or 7 nights consecutively on the property. Any guest residing on the property for more than 14 days in a six-month period or spending more than 7 nights consecutively will be considered a tenant. Anyone living on the property must be listed and sign the lease agreement. The landlord may increase the rent at any time a new tenant is added to the lease. A rogue tenant is someone who is living on the property who has taken up residence without landlord approval, who is not listed on the lease or has signed it.
Landlords are protected under California Law if a tenant allows another person to move onto the property without permission. Landlords are within their rights to evict the original tenant for violating the lease if they chose. If you see any of the above signs of a rogue tenant, best to start a dialog with the tenant listed on the rental or lease agreement and find out exactly what is going on.
This may be a difficult conversation for the landlord to initiate because nobody likes conflict and confrontation. Not having had the opportunity to run a background check on them so you know and have the opportunity to approve or disapprove of them carries many liabilities for the landlord if problems eventually occur further down the line.
For example, what if they are on the property and accidently start a fire that burns down several residences? Is the guest listed on your insurance policy? If you have allowed this situation to occur past what is considered the normal period of time a guest is allowed to stay, they may be able to claim tenant status.
Everyone can sympathize with a tenant with an elderly parent who has suffered a fall and wants to stay with their siblings when they need help recovering. However, that same infirmary that caused them to fall in the first place may reoccur while on the property.
Set up customizable lease agreements right in your TurboTenant account! Purchase a single lease agreement, or subscribe and receive unlimited lease agreements, plus electronic signatures and landlord forms. This definition should seem pretty obvious to most people, but an actual tenant is someone who is on the lease — they pay rent every month to live in the specific rental property.
Therefore, a guest means someone who is not on the lease but is just visiting for a few days or so — there is no binding contract for guests, just tenants.
This can and should be laid out in the lease and specified to the tenant. Depending on how lenient you want to be as a landlord, anywhere from days is usually acceptable. Having your tenant sign their initials next to this detail in your lease will ensure there was proper communication beforehand. Usually, you will be able to tell if someone other than your actual tenant is living on the rental property as more than just a guest — here are some tell-tale signs:. If there are obvious signs your tenant has a permanent long-term guest, adding them to the lease will help protect you as the landlord since they will be obligated to the lease and, therefore, all the rental property rules and stipulations.
If you are debating between adding the tenant guest to the lease versus asking them to clear out, ask yourself these questions:. Having to be confrontational as a landlord can be awkward and uncomfortable for both parties, but it is sometimes necessary. While it can be difficult to have the conversation, make sure to bring a copy of the lease to show them the outlined length of time you both agreed to in regards to guests.
You should be understanding and courteous while also explaining policies in the lease are non-negotiable. Follow through to make sure the guest either moves out or is officially added to the lease — if not, you can remind the tenant a lease violation could lead to eviction.
No — do not accept rent from guests because, again, this puts the landlord at risk for legal issues. Only accept rent from people on the lease. Overall, it is important to identify long-term guests as a landlord because they can be a liability to you and your rental property.
Furthermore, if tenants are allowing long-term guests, it means they are violating their lease. Adding the guest to the lease or having them move out are the best options to ensure you are protected — make sure that each potential resident is filling out a rental application and that you are still screening them for possible red flags.
This material has been prepared for informational purposes only. All users are advised to check all applicable local, state and federal laws and consult legal counsel should questions arise.
Interested in streamlining your rental process? If you do not hear your name during the roll call or you are late arriving to court and aren't sure if your name was called, you should speak to the clerk in the courtroom after the roll call is over and make sure that the clerk knows that you are present.
Ask the judge to grant a non-redeemable judgment in your case. If the guest does not have a defense to your claim, the judge can enter judgment for possession. If the guest has a defense, the case probably will be set for a trial on a different day. A mediator will talk to both sides and try to help settle the case. However, you do not have to settle the case, and you should speak to a lawyer if you do not understand any part of the mediation or what is being said to you by the mediator.
For more information about what happens on your first day in court, click here. For more information about settlement and mediation, click here. You should immediately call the Clerk of the Court at to explain why you cannot appear.
Ask the clerk for his or her name and write it down. You also should immediately call your guest or the guest's attorney to tell him or her that you cannot appear. If you have time to come to court on another day before your court date, you can file a notice with the court explaining that you cannot come to court and requesting a new date. If the clerk does not give you another date to appear in court, get to court as soon as possible and find out what happened.
Even if you call the court, the judge may still dismiss your case. If your case is dismissed because you are not there, it is called a "dismissal for want of prosecution," and you can usually file a motion to re-open the case or file a new case.
If the guest does not come to court on the initial hearing date, you can usually have a "default" entered against the guest during the morning roll call. In most cases, a default means that a judgment for possession will be entered after you file paperwork with the court proving that the defendant is not in the military. In some cases, you are also required to present proof called "ex parte" proof of your case to the court before you can get a judgment for possession, even if the guest does not come to court or if the guest came to court but left or did not come back to court for a continued hearing.
If proof is required, the judge might set another court date about two weeks after your first one. If the guest does not come to court, the clerk will usually tell you if you need to appear in front of the judge after roll call. If you aren't sure, you can ask the clerk after the roll call is over what you should do next.
Filing an Answer is not required in Landlord Tenant Court unless the guest wants to request a jury trial instead of a "bench trial" before a judge. After you get a judgment for possession, you must wait two full business days before you can file a Writ of Restitution. A Writ of Restitution is a document that authorizes the U. Marshals Service to schedule an eviction. Marshals Service. The U. Marshals Service sends a copy of the writ to the guest.
Marshals Service will call you to schedule the eviction. The soonest an eviction can take place is on the fourth business day after the writ is filed. The writ is valid for 75 days. If the guest is not evicted in the 75 days, then you will have to file a new or "alias" writ. Remember, the U. Marshals must be present during the eviction. However, the U. You will need to find or hire an eviction crew.
The size of the eviction crew depends on the size of the home being evicted. For more information about the U. You also may want to schedule a locksmith to come to the property to make sure the locks are changed at the same time as the eviction. For more information about the eviction process generally, click here.
Once you complete the Application and Affidavit, you will appear in front of the judge who will decide whether to grant your request. You can click here for the form. You will also have to pay for an eviction crew or find friends who will help you do it for free.
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