How long can my roommate's guest stay before the guest should start to pay rent?

How long can my roommate's guest stay before the guest should start to pay rent?

Postby caelin » Sun Apr 15, 2012 8:36 pm

Okay, I just got a new roommate. The roommate moved in "officially" Friday.
Since then my roommate has had a house guest stay the night every night (even before my roommate "officially" moved in). The guest has had to ask my boyfriend for a ride home and has even stayed here while my roommate was at work.

I am just curious what to put on the rental agreement for the rules on guests. I want to go according to the laws in Florida.
I own the house and also live in the house. My roommate is a friend of mine but I am still making a rental agreement so that we have an understanding and that both of our butts are covered.

Please and thank you!
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How long can my roommate's guest stay before the guest should start to pay rent?

Postby adusa37 » Sun Apr 15, 2012 8:42 pm

It's within the right of the owner to have some rules about overnight guests. Since you are a friend, I would sit down with them and talk about what you expect from them as a roomate. Having another person stay the night is an extra social burden, extra water and they are using electricity and the heat- and they should be expected to bear a part in that financial burden. After all, you wanted one roomie- not two.

Since you've let them move in before a contract is signed, it's very possible that they will refuse and can leave you without a tenant. It's also possible this could ruin your friendship.

I would state that if a guest stays over for more than 5 nights per month, they should be added to the lease and at that time the lease will signed by all parties and include how this extra tenant will pay.
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How long can my roommate's guest stay before the guest should start to pay rent?

Postby oakley » Sun Apr 15, 2012 8:44 pm

Here's the deal....If you are a landlord you own apartments then a "guest" is allowed to stay up to two weeks and that's it, they must leave. If on the other hand you have a rented apartment and want to have a "roommate" and have 2 bedrooms then only your name is on the lease and if the landlord permits you to you can bring in a roommate (after their credit, references, etc. are checked by the landlord) however "you" are still responsible for the entire rent and then "you" would provide (not the landlord) the rental contract to your roommate in detailed form which could include a deposit for the purpose of changing the locks later on when they leave. The reason your contract with your roomate doesn't have to be a full year like your lease is because they can't stay longer than you do.

Your situation is a little different in that you are in a home. You have not told us whether you are leasing that home or you own that home, or who owns that home so we can't give you definite information. So I'd be asking who is on the mortgage or lease????

In Florida if you own a home you can't rent it out to a renter unless it's commercial property. You can however lease the home out thru a realtor of the entire home. If it's not commercial property and you're renting a room then you can get fined by the county.

A house guest is different from a roommate. In Florida if you own a home and a person moves in and does some work around the house and refuses to leave you might not be able to get them to leave as they would be a squatter and eventually could claim ownership and you'd have to take them to court to get them out (not just evict them).

If your bf is the owner of the home and you aren't on the mortgage or lease then you have nothing to do with this transaction and it should be solved by your bf and not you. If on the other hand "you" are on the mortgage then you'd probably get fined by the county for a renter living there.
If you are a renter and brought in an additional person then you need to tell the owner of the home that you did that. They may or may not approve.

You cannot make a rental agreement "after" the person has already stayed there. Your but is not covered in this instance.
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How long can my roommate's guest stay before the guest should start to pay rent?

Postby bellden » Sun Apr 15, 2012 8:45 pm

My rental agreement allows a guest to stay for free 3 days and nights. After that it is $10 per day.
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How long can my roommate's guest stay before the guest should start to pay rent?

Postby philibert63 » Sun Apr 15, 2012 8:55 pm

The owner sets the rules. Common rules include any "guest" who stays 3 or more nights in row is charged; any 7 nights within X# months is grounds for eviction; or eviction for any unregistered overnight for 3 or more nights in a row as a violation of rental agreement. This "friend" is already a problem, and it should have been sorted out PRIOR to her starting to move in. Tell her you arranged ONLY for her to move in and nobody else, no overnight guests are allowed at all, and that if she does not agree to the no overnight guests rule, she needs to find another place immediately. You only agreed to rent to her, and never permitted her to have anyone else stay over.
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