Social interaction is an integral part of our lives and having guests come to our place is all fun and games. But the thought instantly becomes daunting when a tenant of yours invites their guest over, especially when it happens every now or then? Whether or not your tenant is a responsible person, feeling concerned about your property and your business is quite obvious.
Fear of getting your property damaged by your tenant`s guest, noise commotion disturbing other tenants, an overnight guest becoming a permanent roommate, excessive wear and tear, and the list goes on. You are getting the sense of risks. You wish, you can completely deny your tenant for having guests at your property. But neither it is ethical nor it is completely possible.
Table of Contents
An enforceable tenant guest policy protects the landlord’s property and allows to be in a state of control if things take an unexpected turn. Further, when you have a clearly stated tenant guest policy, you inform your expectations to the tenants when having guests at your property. A tenant guest policy is a must and it helps to avoid all future conflicts with tenants.
The tenants have a right to quiet enjoyment at your property. And, having guests over is part of their quiet enjoyment. A landlord may prohibit guests at the property depending upon the provisions in the lease and what the state occupancy laws suggest. However, there is a gray area and in my view, putting complete restrictions is not the right approach. Drafting a strong tenant guest policy is the key to a better business.
A successful Tenant Guest Policy must highlight these key points:
The more people occupy your space, the greater the chances of wear and tear on your property. Allow guests at the property only if you have reasonable space for them to occupy. If not, restrict the tenants from having guests at your property.
In this regard, you must put a cap on how many guests, or any guest for that matter can stay at your property. Currently, a minimum of 2 occupants per bedroom can comfortably occupy the space per federal occupancy standards.
So, depending upon your rental property’s space, decide what cap on guests is appropriate for your property. If you have micro-housing units or single room type accommodation rentals where already two tenants are occupying the space, you can completely restrict guests. However, you may consider allowing visitors.
There must be a limit on the number of days when a tenant’s guest is welcomed at your property. Imagine a short-term guest becoming an unofficial tenant or your tenant creating a subletting situation. A guest overstaying at your property can cause you unwanted trouble. Better to prevent this before it happens.
In this regard, your tenant guest policy must have a limit on how many days a guest can stay at your property at max. Landlords generally cap this period to no more than 14 days in a consecutive six-month period or 7 nights consecutively in a month. The guest staying for more than this period will be considered a tenant and be required to add to the lease and assume all the responsibilities of the tenant.
Further, if for any valid reason, the stay is longer than this period, you can require the tenants to have official approval from you. You can set up a long-term guest agreement with tenants for such cases. A long-term guest agreement sets guidelines for the guests/occupants that they have no tenancy rights or possession of the property. Also, you can bar the occupant from using the common area amenities like the gym, pool, and laundry if needed.
However, if this guest wants the rights as the tenant or a considerably longer occupancy, you can consider signing a month-to-month agreement with this guest.
Your tenant guest policy must also underline the responsibilities of the tenant when they are having guests at your property. Guests and their acts are the responsibility of the tenant. And, if for any reason or due to the act of the tenant’s guest, there is a violation of the lease, you will evict the tenant.
The tenant or his guests must keep the landlord free from any kind of harm or liability except those occurring due to misconduct or willful intentions of the landlord. Imagine a guest accidentally starting a fire at your property. Now, who will be responsible for the guest’s actions? Clearly, the liability will fall on the tenant in this case.
“The guest will cover the damages to their personal belongings from Renters Insurance. But what about the damages to your rental property? Consider buying a Landlord Insurance”
However suppose, what if the guest slipped on a dilapidated staircase on your property and broke his leg? Though your tenant has never informed you about the broken stairs. But, this guest may try to hold you liable in this situation and sue for personal injury claims. To avoid such liability claims, your lease must have a tenant liability clause.
The landlord shall not be held liable for any damage or injury which may suffered by the Tenant`s person, property, his employees, or guests, or any other individual in or about the Property premises, resulting or caused by electricity, water, fire, gas, steam, or rain which may leak or flow into any part of the Premises, or from the obstruction, leakage, or breakage, other defects of sprinklers, pipes, wires, plumbing, air conditioning, appliances, lighting fixtures, electrical, mechanical systems, whether such injury, or damage is a result from the conditions existing upon Premises or on the other portions of the premise, Building or Project or from any other sources, other than the episode concluding as the result of Landlord’s misconduct, negligence or willful intentions.
