Understanding the difference between a tenant and a guest will help make sure that you are putting the right name on the lease for tenants and that the landlord does not think someone unauthorized is staying in the apartment. The best way to differentiate between the two is that the tenant will be listed on the lease and held responsible for paying the rent and preventing damage on the property, while the guest will not be on the lease. If a guest tries to establish a residency on the property without the permission of the landlord, there could be some issues that show up too.

There are a few situations that can be tricky to know whether the person is considered a guest or a tenant though. For example, if you have a child in college, do you count them as a guest or a tenant? You would count them as a tenant if they are returning home for the summer or for a longer period of time and are no longer in school. If they just come home on an occasional weekend, for a spring or summer break, and short stints like that, but go back to school when done, then they are a guest.

What about your elderly parents? They would be considered a tenant if you plan to move them in because they are no longer able to live on their own. But you would consider them a guest if they come over to help with in-home repairs, help for a few weeks when you bring home a new child, or if they come to visit. Friends can be tricky as well. If they only visit during the day, even if it is almost daily, then they are considered a guest. But if they end up spending quite a few nights in the apartment as well, then the landlord is able to call them a tenant.

A nanny, hired help, or Au pair can be unique as well. The Au Pair frequently lives with the family all the time, so they are typically going to be called a tenant. The nanny or hired help will be a guest as long as they are only on-site during regular business hours.

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