What lease provision controls?

Most California leases include a clause requiring landlord approval for any occupant residing more than a defined number of nights per period. Without such a clause, the landlord's case for unauthorized occupant is harder.

How do I handle an unauthorized occupant?

3-day cure or quit notice citing the lease provision violated. The tenant must remove the unauthorized occupant or vacate. If they cure (remove the occupant), case closed. If they don't, proceed to UD.

Can the unauthorized occupant become a tenant by tenure?

In some scenarios, yes — courts have found that long-term occupancy plus rent acceptance creates an implied tenancy. The way to prevent that is to act on the violation promptly with a cure-or-quit, before the implied tenancy argument matures.

Does AB 1482 affect this?

AB 1482's just-cause framework lists unauthorized subletting as an at-fault ground. Unauthorized occupant typically fits under the broader lease-violation just cause. On covered units the notice still works as a cure or quit, and the underlying just cause supports the UD if it goes to court.

Tenant Has Unauthorized Occupant in California — Cure or Quit, AB 1482, and the Documentation

Q: When does a guest become a tenant?

There's no statutory bright line. Courts look at duration, regularity, receipt of mail at the address, presence of personal belongings, and whether the occupant pays anything to the tenant. Two weeks of frequent overnight stays is typically still a guest; six months of full-time occupancy is typically an unauthorized tenant.

TL;DR

Most leases define a guest threshold (often 14 nights per period). Sustained occupancy past the threshold = unauthorized occupant. Serve 3-day cure or quit citing the lease provision. If tenant removes the occupant, case closed. If not, UD with the lease-violation just cause.

Guest vs tenant — what courts weigh

Duration and regularity of overnight stays
Mail delivered to the address
Personal belongings stored at the unit
Any payment from the occupant to the tenant
Driver's license or ID listing the address
Utility account additions

The cure-or-quit path

3-day cure or quit citing the specific lease clause. Cure = the occupant leaves. If the tenant cures, the notice is satisfied. If not, file UD with the underlying lease violation as the just cause.

Common questions — unauthorized occupant

When does a guest become a tenant?

No statutory bright line. Courts weigh duration, regularity, mail, belongings, payments.

What lease clause matters?

The occupancy / guest clause. Most California leases include one.

What's the procedural path?

3-day cure or quit citing the clause. If not cured, UD.

Can occupant become a tenant by tenure?

Possible in extended scenarios. Act promptly to prevent implied-tenancy argument.

AB 1482 implications?

Lease violation fits the just-cause framework. UD on covered units supported.

Tenant has someone living there who's not on the lease. The guest-vs-tenant line and how to act.