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I have a tenant that has had a guest for almost two months, that I'm aware of. I asked to speak with the guest, I informed them that they were over the 30 days allowed to stay as a guest, if they were intending to remain, they needed to apply for residency, if not, they would need to leave the property... As the manager was I able to 1) verbally able to speak with the guest, and inform them of this? If so, was it legal for me to say they needed to vacate my property?

Response by Carlton C. Casler: Yes, you may legally speak to anyone renting, occupying or visiting your rental property. As the landlord, you are entitled to ask unauthorized occupants to vacate your property and, therefore, your request for the guest to leave was legal, but your ability to judicially remove the guest from the property is questionable. Whether or not an “unauthorized occupant” or extended “guest” is permissible is determined by your rental agreement or the LL/T Act. The best place to address this issue is in your written rental agreement because you may specify time limits for “guests” and “visitors,” when a guest or visitor becomes an unauthorized occupant, and whether you may charge additional rent for unauthorized occupants. If your rental agreement says nothing (which you should correct before you sign a new lease with another tenant), then you must look to the LL/T Act. Section 33-1368(A)(1) of the Act states you may issue a 10-Day Notice of Material Noncompliance if the tenant misrepresents the number of occupants on the tenant application or in the lease. Unfortunately, the Act does not specify when a “guest” or “visitor” becomes an unauthorized occupant, so victory in court is not assured. Good luck.

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