Arlington, VA asked in Contracts and Landlord - Tenant for Virginia

Q: How long may a guest stay before they are considered a tenant under VA law?

I currently rent, and have heard if someone (not on the lease) resides in a space for 14 consecutive days, they must be on the lease. Is this true? How long may a guest stay, or what other markers are there until they are no longer considered a guest under VA law?

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1 Lawyer Answer
F. Paul Maloof
F. Paul Maloof
Answered
  • Landlord Tenant Lawyer
  • Alexandria, VA
  • Licensed in Virginia

A: I have never heard of the 14 day rule in the Code of Virginia. The intent of the person who is the guest and the tenant who is on the lease will generally indicate whether the additional person is a guest or a tenant. Also, the lease may provide for who are "authorized tenants" that are not named in the lease as an actual tenant.

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