This is true even if the time in the agreement is now over. If you have a written agreement that a person is a tenant for a certain period of time, you will probably need to follow the procedures for evicting a tenant. What if we have a written agreement that says that a person is a tenant only for a certain amount of time and that time is now over? If the issue ever came into court, the court would look at what is really happening, not just what the person was called in the agreement. You cannot change a tenant into a guest just by changing what you call that person in your agreement. But, if the person is paying rent, he or she may still be considered a tenant, no matter what the agreement says. What if we have a written agreement that says that the person living in my house is NOT a tenant? For example, if a person gives the owner money on a regular basis and the owner accepts it, that might create a landlord-tenant relationship.
However, if a person has agreed to pay, do work, or give you something of value in exchange for living in your home, they may be considered a tenant even if they have never done anything to keep this agreement.įor example, if someone promised to pay you $500 per month to sleep in your spare room, that person may be a tenant even if he or she never paid even $1 in rent since they moved in. If a person has never paid money, done work for you, or given you something of value AND they never agreed to do any of those things, then he or she is probably not a tenant. A person can also “pay” rent by doing work or giving things to the person they are renting from.
This is true even if the person is only using part of a house or apartment, such as when a person is sleeping on your couch. In general, if a person has paid rent or has agreed to pay rent to live somewhere, then that person is a tenant.
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