Is it illegal to have an unauthorized guest in your home?
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As always, there are local and state laws that you need to pay attention to when dealing with this type of situation. Virginia landlord tenant law on unauthorized occupants, for example, does not specifically allow tenants to have long-term guests, but it also does not specifically forbid them from doing so.
The content of the restriction is up to you, but having a restriction creates a contractual definition of when a “guest” crosses over into an “occupant” or “resident”. If the tenant admits to having an unauthorized occupant, you can win the case.
In some states, you can file to only evict the unauthorized tenant. In others, you’ll have the option to evict your tenant as well as the unauthorized occupant. The court will review the application and send out the required notices for all upcoming court dates. Prepare your defense, and defend your situation in court.
What happens if you have an unauthorized person on your property?
Unauthorized occupants do not have any legal right to be at the property, and they also are not part of the legally binding lease agreement between you and your tenant. While they may have been allowed at the property as visitors, the long-term occupation turns them into unauthorized occupants.
As always, there are local and state laws that you need to pay attention to when dealing with this type of situation. Virginia landlord tenant law on unauthorized occupants, for example, does not specifically allow tenants to have long-term guests, but it also does not specifically forbid them from doing so.
What happens if you have an unauthorized tenant in your apartment?
If the tenant stops paying rent or even abandons the apartment, the unauthorized occupant may stay behind. Evicting this type of would-be tenant can be complicated, expensive, and time-consuming. By allowing an unauthorized tenant to stay at the property, you are setting yourself up for higher risk of ending up in this type of situation.
In some states, you can file to only evict the unauthorized tenant. In others, you’ll have the option to evict your tenant as well as the unauthorized occupant. The court will review the application and send out the required notices for all upcoming court dates. Prepare your defense, and defend your situation in court.
She is adamant, however, that the man does not live with her and maintains a separate residence with his mother on the other side of town. Becky knows that Gina is not being fully forthcoming about the situation, and asks that Gina make sure that the man is not staying there and provide proof of residency for the man.