If you own a rental property, you know the importance of finding qualified tenants who adhere to the lease agreement and pay rent on time. But what happens if a tenant invites a guest to stay with them? A long-term guest can raise a lot of questions for landlords, such as when does a guest become a tenant.

Are these guests required to follow the rules outlined in the lease? What happens if there are complaints about the guest? When is a guest legally considered a tenant? Our Henderson and Las Vegas property management experts break down what you need to know about when a guest becomes a tenant.

Tenant vs. Guest: What is the Difference?

Tenants are individuals or a group of people who sign a lease contract and are legally obligated to pay rent. The rental property is considered the tenant’s residence, and the tenant typically occupies the space for an extended period of time. Guests are people who are invited into the rental property but are not listed on the lease or responsible for the property. They are occasional visitors who might stay only a few days or weeks.

Although a guest may be in the rental property, they do not have the same rights or obligations as an official tenant. However, there are circumstances in which a guest eventually becomes a tenant.

Can My Tenants Have Long-Term Guests?

While most landlords and rental property owners allow their tenants to have overnight or short-term guests, you can create a specific guest policy in your lease agreement that limits stays. For example, you could allow guests to stay no more than a certain number of days in a six-month period. You may also limit how many nights per week a guest can stay overnight.

A guest policy should also include details on the following:

• What kind of guests can stay
• How many guests are allowed at one time
• How guests are expected to behave
• What happens if lease terms are violated

If you feel comfortable with your tenant having a long-term guest, it is vital to understand your state’s laws regarding guests in a rental property. Some states do not have an official length of stay that defines when a guest becomes a tenant, but others do. In those states, the act of staying in the property for a set amount of time could automatically mean they are considered tenants.

Can a Guest Legally Become a Tenant Without Signing a Lease?

Yes. In many states, a guest becomes a tenant after residing at the property for a specific period of time. In California, for instance, a guest becomes a tenant if they stay for seven consecutive nights or any 14 days within six months. Likewise, guests become tenants after staying for 30 continuous days in New York.

However, Nevada and several other states do not have a set rule on when a guest becomes a tenant and is entitled to full tenant rights. This means Henderson and Las Vegas landlords and rental property owners must write these guest details into their lease agreements. Work with an experienced property manager to create a comprehensive lease agreement that covers all your bases.

RELATED: What Makes a Good Lease Agreement?

How Can I Tell a Guest Is Living in My Rental Property?

It can be challenging to know if a guest has outstayed their welcome if you are not monitoring your rental property regularly. However, some signs could indicate that someone has taken up residence. Watch for these behaviors to know if a guest may be living in your rental property:

• The guest offers to pay a portion of the rent or utilities
• The guest uses the property address to receive mail
• The guest spends most nights at the rental property
• The guest moves in their belongings, furniture, or pets
• The guest seems to have a key to the property

Why Is the Distinction Between a Tenant and a Guest Important?

After a guest becomes a tenant, they are protected by tenant laws and have certain rights. As a Nevada tenant, the person can request that the landlord complete repairs within 14 days of notifying them about the issue. Landlords must also maintain habitable conditions, including running water and electricity, even if the original tenant moves out and the guest-turned-tenant still lives in the rental property.

Most notably, landlords must initiate the official eviction process to remove a tenant from the rental property. If the guest is recognized as a tenant, it becomes much more complex and costly to get the unwanted occupant out.

What Are the Benefits of Adding a Guest to the Lease Agreement?

Asking your tenant to add their guest to the lease agreement can prevent legal issues and protect your investment. Here are reasons why you should consider it:

Safety and Security

It is essential to have a record of all adult occupants living within your rental property in order to maintain a safe living environment within the property and community. Adding a guest to a lease agreement means you have everyone listed in case of an emergency. Additionally, you will have an accurate count of all residents to ensure you comply with occupancy restrictions.

Appropriate Lease Modifications

More people in your rental property means more wear and tear, higher utility costs, and other potential issues. Approaching your current tenant about their long-term guest gives you an opportunity to renegotiate lease terms to make it more fair for you.

Prevent Payment Disputes

With a guest listed as an official tenant, they are legally obligated to cover the rent. If rent is not paid on time, a guest cannot be held responsible for it. However, as a tenant, you can take legal action or evict them for failing to pay the rent. It can also protect your current tenant by not putting the entirety of the financial obligation on their shoulders.

Compliance With Community Regulations

If you own a condo or home in a homeowners’ association (HOA), there are strict community rules and guidelines. Because your tenants signed a lease agreement, they are also legally obligated to follow these regulations. However, a guest does not have the same responsibilities. Adding guests to the lease means they are official residents who must adhere to community rules.

Insurance Coverage

Depending on the insurance policy, not listing all occupants on the lease could leave tenants and landlords unprotected in some situations. It is possible your insurance claim will be denied if your records are not accurate.

RELATED: The Benefits of Having Renters Insurance for Both Tenants and Landlords

Protect Your Investment with a Professional Property Manager

Staying on top of tenant relationships, property security, and the financial aspect of your business can be challenging. That is why many Las Vegas and Henderson landlords work with experienced property managers to streamline their operations and maximize the return on their investment.

At Black & Cherry Real Estate, we offer full property management services, including tenant screening, lease agreement compliance, rent collection, accounting, and more! Contact our property management team to learn how we can help you with your rental property.