You may need friends or family around you at some point in life. Depending on your relationship with the guest and reason for visiting, they may stay with you for days or even longer before saying goodbye. For example, a friend may crash at your place for a movie or game night, while a sibling may stay at your home for weeks while on holiday. But, legally speaking, exactly how long can a guest stay in a rented house?
All Perth rentals have terms and conditions or a tenancy agreement that a tenant should adhere to. Among the terms is the period the guests should stay at the rental unit. While some landlords don’t care whether your guests stay for weeks or months as long as you pay rent, others are pretty strict about it.
This brings us to our topic today, “how long can a guest stay in a rented house?” Read on to find out everything you need regarding tenant guest rights.
How long can a guest stay in a rented house?
In Australia, no laws specify the period a guest should stay in a rented house. The landlord must set up a guest policy for the tenant to follow. In a scenario where there lacks a guest policy, it’s best to upfront the landlord or property manager regarding the guest staycation for long-term guests.
However, for short-term or temporary guests, there’s no point in asking for permission from the landlord.
Are there long-term tenant rights?
As a tenant, you must know your rights to avoid conflicts with your landlord. That’s why a property owner will have you sign a lease agreement before settling in the property. Usually, a lease agreement refers to a contract between a landlord and tenant that allows a tenant to live in the rental property for a specified period.
When you rent a house, you have the right to quiet enjoyment, privacy, and exclusive possession of the rental house as long as you’re paying rent as required and taking care of the property.
However, you’ll find that most lease agreements don’t specify the tenants’ guests’ rights. As a result, this can be a cause of conflict between them. Generally, when you rent a house, you have the right to have guests. However, the time the guest stays with you depends on the tenancy agreement.
Questions people also ask about how long can a guest stay in a rented house
Who is a guest?
Usually, a guest refers to someone who visits you for a short period – usually a few days or weeks. To some landlords, if a guest stays longer than a month, it would seem like you’re subletting the property and breaking the subletting laws. This is why it’s essential to consult your landlord in case you have long-term guests.
Most landlords are worried about their property and, thus, the residential tenancy agreement. For them, hosting guests on the property increases potential damage risk and the risk of a tenant subletting the property.
Additionally, they want to ensure that your visitors don’t disturb the neighbourhood with things like noise. Moreover, most landlords will allow your guest to stay longer if you have enough room to host them. A small space can result in overcrowding and noise. So, it’s good if you familiarise yourself with Perth rental market insights before moving house.
What is the difference between a subtenant and a guest?
The difference between guests and subtenants depends on several factors, such as how long guests stay at the rented place. Basically, a guest becomes a subtenant once they:
- Start contributing to bills
- Have a key to the property
- Direct their mails to the property
- Move their personal belongings, i.e., furniture, clothes to the rental property
- Start living with their pet in the rented property
Under such circumstances, you should inform the property owner or landlord so that they can give you written permission to live with the subtenant or a sub-tenancy agreement. Otherwise, the landlord can issue you a notice to vacate the premises.
How long can guests stay on a lease?
Generally, a guest should stay on a lease for up to 30 days for three to six months. However, the exact period is an open discussion between the tenant and landlord if it’s not stated on the rental agreement. Additionally, the tenant should be honest with the landlord regarding the guest’s staying period.
Can a landlord stop you from having guests?
Your landlord shouldn’t stop you from having guests. As mentioned earlier, as a tenant, you have exclusive rights to possession of the property and private enjoyment, including having guests over. That said, as a leaseholder, you’re responsible for your guests.
If there are damages on the property, you’re responsible for paying for them. You will also get in trouble if you are withholding rent as a tenant because of your guests.
Conclusion
The period a guest should stay in a rented house depends on the guest’s policy. If the landlord still needs to specify the period, you can inform them of your guest in case it’s long-term.
Equally important, before signing a tenancy agreement, it’s essential to understand its terms and conditions. Rent a place that suits your lifestyle and follows the agreement’s rules. Also, remember that as a tenant, you have your rights too.
You have the right to have visitors such as family members or close friends. Hopefully, this article has helped you understand how long a guest can stay in your rented house. You also know how to evict a family member in Australia in case things don’t work out.
