Guest? Or Unscreened Tenant?
Allowing Unlimited Guests is a Big Liability
Now is a good time to look closely at who is coming, going, and staying at your rental properties. When times get tough, tenants are more likely to throw open their doors to their friends and family who are between apartments, evicted, or foreclosed upon. The problem is that these tenants are also opening you, the landlord, to liability.
Why would a landlord who is diligent about screening every tenant allow anyone with an unknown background to live on their property—even temporarily—as a “guest” of a tenant? Landlords and property managers should never allow unlimited guest stays for any tenant.
Even if a particular tenant has never caused trouble, pays rent on time, is quiet and clean, their friends and family members may not be. Trusting your tenant and trusting their friends are two different scenarios—and as property owner, you have an obligation not only to yourself, but to your other tenants and the surrounding residents as well. Even if you have not approved a tenant’s guest for living in the rental unit, you could still be held responsible for any criminal or dangerous behavior.
Smart landlords include a visitor and guest policy in their lease agreements, stating how long tenants may have guests—usually seven or fourteen days. Some rental agreements state that no guests are allowed for more than fifteen days out of any thirty-day period, to keep friends from moving in and out.
If you have a guest policy for tenants, enforcing it is vital. Don’t make exceptions for certain tenants—such a practice can lead to charges of discrimination or unfair treatment. It’s easier to explain that you have to apply the same rules to every tenant.
If you do not have a guest clause in your rental agreement, don’t sign another one until you add it. You want to avoid the problem of tenants piling their friends into your rental property without your permission—which is more likely in a down economy. Unknown guests can become unofficial tenants—a potentially dangerous, but completely preventable situation.