How long is someone able to stay with you before they are considered to be living with you?

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How long is someone able to stay with you before they are considered to be living with you?

Asked on March 12, 2012 under Real Estate Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

There is no category for "living with you" for landlord-tenant law.

1) If the person either has a lease (either written or oral), or is paying rent (either directly or indirectly--e.g. paying some or all of the mortgage, utilities, etc.), then he or she is a tenant. If there is a written lease, look to the written lease terms; if there there is no written lease, he or she is a month to month tenant.

2) If the person has no lease and pays no rent, he or she is only a guest and may be asked to leave at any time.

Note that a spouse, minor children, a domestic partner, etc. may have rights in and to the residence (or at least to remain in residence) based on the family relationship. Note also that if someone helped you purchase property, he or she will have some rights to the property based on that contribution, unless it was specifically a gift.


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