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How do I handle unauthorized occupants?

At an open apartment door, a landlord talks with a tenant, a rolling suitcase inside and two extra pairs of shoes on the mat
  1. Check the occupancy clause
  2. Know your guest limits
  3. Ask them to apply

The short answer

Review reliable facts, the agreement and applicable occupancy, fair housing and local rules before alleging an unauthorized occupant. Frequent visits alone may not establish residency or a lease violation.

On this page

Clarify the situation

Use a neutral written inquiry and document the response. Distinguish guests, caregivers, household changes and other circumstances that may have different legal treatment. Avoid intrusive or discriminatory surveillance.

Review any requested change

If an occupant should be added, follow a lawful consistent process and update the agreement only when appropriate. Obtain local advice before issuing a violation or termination notice.

Example: a visiting caregiver

A person stays regularly to assist a resident. Assess whether an accommodation or other protection applies instead of automatically treating every overnight presence as an unauthorized tenancy.

References and next steps

Use these references for the specific topic they cover. Local requirements and individual circumstances may differ.

The Rentari team writes and updates this guide. Examples illustrate decisions and do not describe customer results. Found an error or an unclear step? Send a correction with a link to this page and the wording you’d change.

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