Do you know the difference between a tenant and a guest? Well, there is a big difference—especially when you are attempting to get someone to leave your home. If you have agreed to allow someone to reside in your home in return for an agreed-upon amount of money, or with the understanding that they pay certain housing related bills, then you likely have a tenant. In most states, a tenant must be provided notice to leave your premises, and, if they fail to leave following such notice, you may need to obtain a court order.
However, if you allow someone to stay in your home and there is no expectation of rent or any other payments, then, in most states, that party is a guest. It does not matter if they, from time to time, gave you gifts or bought dinner. Those types of contributions are not considered to be rent unless such payments were agreed upon and there was an expectation to make such payments on a regular basis.
So, in the event your guest has overstayed their welcome, you may request them to leave without any notice. You may also take actions to remove them such as not allowing them to come back in (e.g. locking doors or changing locks). That’s because if you ask them to leave your home and they fail to do so, they become a trespasser. Do not fall for the 30-day rule that some unwanted guests put forth— because they are not tenants. Police are sometimes hesitant to get involved in these matters, however, they cannot force you to allow someone back into your home or property unless that party is a tenant.
Know your rights.
For additional information about your rights, please contact the Anderson Adderly Group at 845-470-2027.