Legal Question in Real Estate Law in California

Apartment guest

How many days is my bona fide guest legally allowed to stay in my apartment when I have no written rental contract? Nothing verbal about guests was discussed with owner of my unit?


Asked on 6/29/01, 4:30 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Apartment guest

I do not know of any bright-line test for when a guest becomes a subtenant. It's usually case by case based on the facts and circumstances.

A guest probably loses that status when he/she moves in furniture, has no other home, receives mail, contributes to maintenance or expenses, buys own food, etc.

You might look at a tenants' rights book at your library or buy one for more detail.

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Answered on 7/02/01, 4:55 pm


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