When does a guest become a tenant?

Courts look at totality of circumstances: length of stay, contribution to expenses, mail at the address, key possession, declared intent to live there, exclusive use of a room. No bright-line rule; 30 days is a common reference point but isn't a strict cutoff.

What if guest pays for groceries or utilities?

Casual contribution to expenses doesn't necessarily create tenancy. Recurring monthly payments tied to occupancy more closely resemble rent and can support a tenancy finding. Documentation matters.

How do I remove a houseguest who won't leave?

If the guest hasn't acquired tenancy: ask to leave, then if necessary call law enforcement to remove as trespass. If the guest has tenancy-like presence: UD route or civil ejectment depending on facts. Don't self-help — same §789.3 exposure as against any other occupant.

What's a written guest agreement?

For house-share / Airbnb / friend-stays, a written agreement clarifying the relationship as a non-tenancy guest can help — though courts look at conduct, not just labels. The lease usually limits guest stays to 14 days within 30 or similar; enforcing the limit protects against accidental tenancy.

What about a tenant's guest who refuses to leave?

Tenant's guest is the tenant's problem until the lease guest-limit is exceeded. Then the landlord has a lease-violation basis (unauthorized occupant), 3-day cure notice for material breach, then UD if not cured. Many leases also let landlord require named guest registration.

Totality of factors · No bright line

Houseguest or tenant? It's a facts-and-circumstances test.

Length of stay, expense contribution, mail, key, room exclusivity. 30 days is the common reference but isn't a strict cutoff. The conversion is procedural — once tenancy attaches, removal needs UD or ejectment.

TL;DR

Totality of circumstances test. Length + expense contribution + mail + key + exclusive room = tenancy-like. Casual visit ≠ tenancy. Trespass removal works only for clear non-tenants. Once tenancy attaches: UD or ejectment, no self-help.

Transient vs Tenant
Unauthorized Occupant
Occupant Not on Lease

Common questions — guest vs tenant

Conversion threshold?

Totality test; 30 days common reference.

Expense contribution?

Recurring monthly = closer to rent.

Remove a guest?

Trespass for clear non-tenant; UD/ejectment if tenancy-like.

Written guest agreement?

Helps but courts look at conduct.

Tenant's guest overstaying?

Lease guest-limit; 3-day cure; UD.