Rental Basics in Elk Grove>Question Details

Jruss, Other/Just Looking in Elk Grove, CA

How often can a guest stay the night at your house?

Asked by Jruss, Elk Grove, CA Thu Jul 16, 2009

If they have their own place and none of their possessions are at your house how often can they stay over at your house before the landlord has a right to take legal action?
Assuming that the guest has not caused any other problems and does not bath or do laundry at my house.

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6
Jruss’ answer
No need to answer this question anymore. I appreciate all the help.
The correct answer is:
Whatever it says in the lease.
If it is not addressed in the lease, then they can stay over 7 nights a week as long as they pay bills at another address and they have their possessions at another location and they have a different mailing address.

Thanks
0 votes Thank Flag Link Sun Jul 19, 2009
Hello J:

Most leases only mention that the tenant may not "sublet" the property without the landlord's approval, and even the CAR lease does not specify when a guest becomes a resident. If you live in a homeowners association, some of the homeowners association's rules will specify that a person who stays over more than "X" times per week is a "resident", and that rule will apply to you as a tenant even if the information is not contained in your lease. In most cases, provided your friend has their own home and maintains the same as their principal residence, I find it difficult to categorize that friend as a resident even if they stayed over every night. However, this issue sounds as if it is yet another point of contention between you and your landlord.

You know, with all of the issues that you are having with the landlord, I have to ask why you continue to live there? It is obvious to me--as it must be to you too--that the landlord is doing everything possible to get you to leave the property. If you wish to stay there, you may need to amend your lifestyle to fit the landlord's requirements or work with the landlord in resolving this issues. If you cannot effectively communicate with the landlord yourself, contact your County Housing Authority and ask to have assistance in mediating your problems with the landlord. There are often free services that will work with you and the landlord to resolve issues.

Good luck!

Sincerely,
Grace Morioka, SRES, e-Pro
Area Pro Realty
2 votes Thank Flag Link Thu Jul 16, 2009
Depends on the renatl/lease agreement. Usually 3 days in a month and 2 weeks in any year.
0 votes Thank Flag Link Sun Jul 19, 2009
Thank you. We would love to move. We just moved in here a little over a month ago and don't really want to pay to move. I have offered to move if they pay a moving company to do it.

Thanks for your help.
0 votes Thank Flag Link Thu Jul 16, 2009
It is not addressed in the rental agreement.
0 votes Thank Flag Link Thu Jul 16, 2009
Read your lease agreement.

See an Attorney if necessary.



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Best wishes,
Fred
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0 votes Thank Flag Link Thu Jul 16, 2009
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