Feb 02

Over on the ApartmentAssoc Yahoo Group an owner asks the following about guests:

After 13 years of landlording, I have a new challenge: tenants who have “guests” stay 30-45 days at a time, and one guest who stays 5 days each month. I need to establish a Guest Policy.  I am surprised to learn that the California Realtors Rental Agreement does not have a guest policy.  So I am trying to determine what is reasonable.  An attorney told me that the courts typically recognize 14 days per year, per guest, as reasonable. The tenants don’t want any restrictions RE: guests, yet they asked me if I would replace the carpets. They don’t seem to understand that the additional wear and tear, water, trash, septic system use, and the liability of additional people is why Landlords put restrictions on guests.  I would appreciate any helpful feedback from other landlords.  

More important than the things listed by you, which of course are also important, is the fact that you screened your tenants to assure as much as possible a level of behavior and respect for both the property and other people.  

The guest could be just as well behaved as the people you rented to, or they could be ax murdering, drug dealing, sexual offenders who need a place to stay because they burned their last apartment down to spite their last landlord because he kicked them out for not paying six months rent.  You just do not know without having the ability to screen them. If they are a true guest staying for a week or less, then it probably will not be a problem.  But if they are there for months – then it is a problem.

Also some jurisdictions treat the guests as tenants, which means that if the tenant leaves because the guest is out of control the landlord must evict this person they never rented to and never had any information on. 

Additionally if it is a nicer building in a tourist area you have to decide what your policy is on things like AirBNB.  I think most municipalities are starting to have problems with these occupancies, viewing them as an unlicensed and therefor untaxed hotel. 

Here is an article that combines both fears – guest having tenant rights and AirBNB.

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