Now this is tricky because the rules change from city to city sometimes. Every rent board or state seems to think that regulating this will keep it clear. Not so, if the norm keeps changing.

All tenants have guests and visitors who are on vacation from far away places. Landlords never have a problem with guests of reputable tenants. In fact, it’s nice.

The problem arises when the guests stay too long and start to take over the tenure aspects. In some areas, that needs to be carefully monitored because there are too many cases or tenancy rights and beware…you have a tenant who never went through your approval process, your credit check, and your previous landlord’s seal of approval. That takes control away from the owner/manager and can be a huge headache.

How do you protect yourself?

The first line of protection is often the tenant screening process before you move in. But, if the process can be co-opted, then it needs a second line of defense.

Have your lease define how long a tenant can allow a guest to stay. Many consider twenty or thirty days a maximum amount of time. Check the local laws in your area. Beyond that time period, that guest may be seen as an intruder.

The danger is that a guest who stays longer may act as a co-tenant and then insist on having the rights of a co-tenant without going through your approval. Once a lease has been established, the landlord must have good cause. These days, landlords are often forced to buy back tenancy or go for eviction. Eviction can mean many months without rent payments or attorney fees. Too many problems, it is better to be ready to avoid the problem.

What can you do?

Absolutely avoid giving the impression of accepting the guest as a roommate or co-tenant:

* Never accept a check from anyone other than the renter. Return all checks not made out to anyone on the lease. Signature! A check could be used to establish a lease

* Never give or allow a key to be given to the guest. If you notice a stranger or guest using the key to the front door, immediately send a letter to the unit requesting that the key be returned to the tenant. Document that he knew and did not approve.

* Never act in any way that could be seen as treating a guest as a co-tenant

* Act quickly once you realize a tenant’s guest is overstaying and in breach of the lease. Consider a formal letter to the legal tenant indicating a breach. Each state will have rules and procedures for this type of notification.

* Check with your local apartment association or rental board for the law and proper procedure. For example, older family members, new spouses, and others may have rights regarding the move.

* To guard against the argument that you have treated a guest as a tenant and therefore have a right to stay,

* You may send and document a letter to the tenant as a reminder that the tenant must notify you of any guests and may only stay in accordance with the terms of the lease (see page and paragraph defining time limits).

* If a guest has overstayed, you can send the tenant a three-day notice to cure the breach of covenant. Make sure the procedure is followed precisely. It’s a good idea to talk to the apartment association or get legal advice before proceeding. There are professional server companies that will publish and document. In many states, this cost can be passed on to the tenant.

* Call your local Police Department. and see what they suggest. Again, seek the proper advice before you act.

* Seek professional advice and consider eviction proceedings.

* Do not change the locks or in any way lock out the tenant or guests without talking to your advisor or the apartment association. Be careful and follow the procedure to avoid a lawsuit.

Howard Bell for yourpropertypath.com