Q: What is the time frame a tenant is not a tenant if they left 30 days + ago and was not on lease?
I had a friend live with me for several months for free and not on my lease. He left over a month ago and now is claiming he is a tenant of my place and wants to move back in. At what point after he left is he not a tenant anymore?
A: IF he was never supposed to pay rent, and never did, he was a guest and NOT a tenant. As such he had some, but limited rights. Essentially it comes down to when did you reasonably believe that he had moved on with his residency and no longer intended to reside in your place? That normally is the time his residency was terminated and once terminated, cannot be revived, only a new one started. If you want him gone, DO NOT let him move back in after he has terminated his actual residency. Getting rid of guests who overstay their welcome, as opposed to ridding yourself of legitimate tenants, normally takes longer, is more complicated, and usually cost more (sometimes MUCH more). When it was reasonable to believe he had moved on is a factual inquiry that can be affected by many things - did he return a key? Did he indicate when he left if he intended to return? Did he take his property with him? Did he continue to have his mail delivered there? Even if left, did he pack his belongings up or did he leave everything just the way it was all along? Where did he go when he left - i.e. was he on an extended vacation or did he move in with someone else, indicating he was intending to establish a new residency there? All these questions and many more can form the basis for a reasonable belief that he ended his residency with you. Good luck.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
