Full question:
I have rented two rooms in my home basically making it a shared residence. I made the mistake of letting the tenants move in without signing the rental lease agreements and after confronting them with the terms of the agreement they are now refusing to sign the lease. One of the tenants is also refusing to fill out and return the rental application which would give me the pertinent information I need to draw up the lease in their name. My question and the issue that has arisen from the terms is they disagree with my terms of limiting house guests and overnight guests. They believe they should be allowed to have whomever they wish in the house at any time they choose and for as long as they wish them to be there simply because they are paying me rent. I'd like to know what legal limits I can impose to protect myself from being taken advantage of and having unwanted, unannounced, and freeloading guests? Also at what point would a guest be no longer considered a guest? How long would they have to stay over in a certain period or how many days and nights in the term of a lease to no longer be considered guests. Furthermore, is it unlawful for me to request additional rent money should said guest stay for an extend period or on a regular basis such as every weekend or two or more nights a week? Also would there be any limits on the amount I would be allowed by law to charge that tenant for that person staying over?
- Category: Landlord Tenant
- Subcategory: Guests
- Date:
- State: Virginia
Answer:
The relationship between a landlord and tenant, including the landlord's right to charge for guests, is governed by the lease agreement terms. Generally, landlords can set rules regarding guest stays, including prohibiting overnight guests or specifying how long guests can stay without being considered tenants themselves.
According to Virginia law, if a landlord accepts rent without a signed lease, the rental agreement is still effective (Va. Code § 55-248.8). This means the landlord can enforce lease terms, even if not formally signed. If guests violate the rental agreement, the landlord can bar them from the property with written notice (Va. Code § 55-248.31:01).
Regarding guests, there is no specific law defining when a guest becomes a tenant, but many landlords consider a guest to be someone who stays for a limited time—often no more than a few days or weeks. If a guest stays regularly or for an extended period, they may be deemed a tenant, which could require the landlord to charge rent.
Landlords can request additional rent for long-term guests, but they should outline this in the lease agreement. There are no specific limits on how much a landlord can charge for guests, but the fees should be reasonable and clearly stated in the lease to avoid disputes.
For tailored legal advice, consider consulting with a local attorney.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.