How many nights before a guest is a tenant of a home? Oakland, California?

by **ricki** » Sat Jul 28, 2012 7:20 am

I live in California and have a lease on a home, and people who are tenants of the home are required to go through a screening and application process by the landlord. However, I cannot find anywhere in my lease where it stipulates how many consecutive nights or how many nights in a certain amount of time before a "guest" would be considered a "tenant" and thus have to go through the application process. I read someone else's post that said it would then default to state law if it is not stipulated in the lease, but I can't find the state law governing this issue.

by **bellden** » Sat Jul 28, 2012 7:24 am

There is no set amount of time. If the LL has reason to believe the person is living there (which would be quite obvious), then they can say the person has to go or must apply.

by **galvin** » Sat Jul 28, 2012 7:30 am

I don`t know what the law is...but I would think that if they are living there they are a tenant...if they are visiting for example from far away and stay 3 weeks...,they are a guest and nothing more. If they are going to be there more than a month, two or three or something, then ya...they are living there however temporary.

by **ricard83** » Sat Jul 28, 2012 7:39 am

There are no state laws on such a situation. Why ? Because, technically and legally, the property is leased ONLY to those on the lease, and the landlord can refuse to allow any guests whatsoever. However, in practicality, no one would rent premises under such restrictions. Thus, landlords generally allow reasonable visits from friends, etc. When do such guests become potential tenants ? Most landlords will consider anything over a two week situation as time to change the guest status.

by **vohkinne** » Sat Jul 28, 2012 7:46 am

Take a look here - 1st link

2nd link, i searched when is a guest considered a resident in an aparment in california law:
guest—a person who does not have the rights of a tenant, such as a person who stays in a of a tenant, such as a person who stays in a transient hotel for fewer than seven days. (3)

Call them: (800) 952-5210, is staffed Monday through Friday from 8:00 a.m. to 5:00 p.m

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