How long can a guest be in my home before they are considered to be a tenant?

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How long can a guest be in my home before they are considered to be a tenant?

My daughter broke her leg. She came to stay with me and have surgery. After being here a week my landlord is telling me I can’t have another tenant in the home. She has her own residence but may need to stay as long a s a month to recover.

Asked on February 8, 2012 under Real Estate Law, Wyoming

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

A tenant is someone who is renting an apartment or other premises; the fact that someone is staying with a tenant does not make that person a tenant.

If you have a written lease, if there are restrictions in the lease about who (or how many people) may reside in the premises or live with you, those restrictions are enforceable. Thus, if there is some written lease which would prevent your daughter from staying with you, the landlord can require her to leave.

If there is a written lease but no restrictions on other people staying with you, your daughter should be able to stay.

If there is no written leave but only an oral (sometimes called verbal) one, then the landlord may give you 30 days notice terminating your tenancy if he or she is unhappy with you as a tenan--including being unhappy that you are having your daughter live with you.


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