It is usually not a problem for landlords in Boston if a tenant occasionally has an overnight guest. Friends come to visit, family members stay for a weekend, and partners may spend time at home. But when a “guest” starts staying every night, receiving mail, storing belongings on the property, or contributing to the rent, the situation can become more complicated.
Boston real estate comes down to the difference between a guest and a renter. An unauthorized occupant can lead to rental issues, occupancy issues, liability risks, and potential problems if the landlord later needs to repossess the property.
There is no simple rule that says that in any rental situation in Massachusetts, a guest automatically becomes a renter after a certain number of days. Instead, landlords should review the lease, the facts, the person’s behavior, and whether the person appears to be using the Boston apartment as their home. This guide is intended to provide general information for Boston landlords and does not constitute legal advice. For assistance with a specific situation, landlords should speak with a qualified Massachusetts attorney.
What is the difference between a guest and a tenant?
A guest is usually someone who is temporarily visiting the tenant. Although they occasionally stay overnight, they do not consider the apartment to be their primary residence. They do not receive any mail there, store most of their belongings there, do not pay rent and do not have unrestricted access to the housing unit.
On the other hand, it may appear as if a tenant or resident is living in the property. This person may sleep there most nights, store clothing and personal items in the apartment, have a key, park on the property regularly, receive packages, or contribute money for rent or utilities.
This distinction is important for landlords in Boston because the lease is usually signed with specific, approved tenants. If someone else moves in without permission, the landlord may have an unauthorized occupant in the rental unit. This can affect everything from rent collection and liability for property damage to occupancy limits and future eviction proceedings.
Warning signs that a guest may be staying in the apartment
A single sign does not necessarily prove that a guest has become a tenant. However, several signs together can indicate that someone is no longer just visiting.
Boston landlords should beware if a guest:
- Often spends the night or seems to be there every day
- Has a key or unrestricted access to the apartment
- Receives mail, packages or deliveries at the property
- Stores clothing, furniture, toiletries or personal items in the unit
- Park regularly on property
- Is present when the tenant is not at home
- Pays rent, utilities or other household expenses
- Uses the apartment as the main address
- Has moved in a pet, child or other items
- Interacts with neighbors, maintenance staff, or management as if they lived there
MassLandlords notes that it can be challenging to prove that someone is living in a unit rather than visiting. However, signs such as daily attendance, mail delivery, possessions, and regular parking may indicate that a landlord should discuss the issue with the tenant.
Why trespassers are a problem in Boston apartments
An unauthorized occupant is not just a technical rental problem. In a competitive and highly regulated rental market in Boston, landlords need to know who lives in their properties.
Additional residents may raise practical and legal concerns including:
- More wear and tear on the apartment
- Higher water, heat or utility consumption
- Noise complaints from neighbors
- Parking conflicts
- Safety and liability concerns
- Unknown screening history
- It is difficult to recover damages from someone who never signed the lease
- Concerns about occupancy or housing regulations
- Problems arise when the original tenant moves out and leaves someone else behind
The Boston Housing Code page states that residential buildings must comply with the Massachusetts Sanitary Code and notes that each housing unit must have at least 150 square feet of total space for one tenant and an additional 100 square feet for each additional tenant. Therefore, unauthorized occupants are particularly important for landlords who manage small apartments in Boston, older apartment buildings, and units with limited living space.
Does a guest become a renter after a certain number of days?
This is one of the most common questions Boston landlords ask. Unfortunately, the answer is not as simple as “after 14 days” or “after 30 days”.
Some rental agreements define a guest as someone who can only stay for a certain number of consecutive nights or a certain number of days per month. This type of lease language can be helpful. However, landlords should not assume that every guest automatically becomes a legal tenant after a uniform deadline.
The longer the person stays and the more they behave like a resident, the more complicated the situation can become.
What should a rental agreement in Boston say about guests?
The best time to resolve guest issues is before they arise. Boston landlords should use clear lease language that explains who can live in the apartment and what happens if a tenant wants to add another resident. Before moving in, landlords should identify all adults who will be living in the apartment. Each adult resident should complete the rental application process, be screened according to the landlord’s usual criteria, and if approved, be listed on the rental agreement.
The rental agreement should also make it clear that only approved tenants and authorized residents may live in the apartment. If a tenant wishes to add a roommate, partner, family member or other long-term resident, the landlord should obtain written approval before that person moves in. Almost all landlords charge more for additional residents due to increased wear and tear and potential utility use. The amount of additional tenants can range from $300 to $600 per month depending on factors. Landlords in the Boston area will almost always outline this upfront in their addenda before signing any required lease documents.
Landlords should also consistently apply all additional tenant policies. Similar situations should be handled in a similar manner to reduce the risk of concerns about unequal treatment. Although it is very rare for the exact same situations to occur with other residents, patterns emerge that are easy to recognize over time. It is important and necessary that you try to solve the problem quickly so that it doesn’t take long and make other tenants feel like they can move in more people too without there being a reasonable rent increase etc. Over the years, we have seen countless landlords suddenly experience an increase in their water and utility usage without warning, only to find that several additional tenants have moved into the property. This is not fair to the property owner and appropriate compensation is important. Fair is fair.
Final thoughts
A weekend visitor is one thing. Someone sleeping there every night, receiving mail, storing belongings there, and contributing to household costs can create a very different and difficult situation for the landlord and even other tenants. Landlords are often taken advantage of because additional tenants wear out the property faster and use up more resources, which can hurt the landlord financially. Tenants need to be open and honest if they want to move in with another person or people in order to get a fair deal.
The safest approach is to use clear lease language, screen all adult residents, document concerns early, communicate professionally with tenants, and avoid self-help measures. If a guest starts to look like a tenant, landlords should speak to the tenant immediately and see if they can find a solution before taking the next step, without having to seek legal advice.
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