When does a guest become a tenant? Rules by state
None of the 13 states we checked sets a day count that turns a house guest into a tenant. The day counts that exist (NY 30, CT 30, CA 30, NH 90, VA 90) apply to hotel, motel or rooming-house occupants. Otherwise it depends on whether there is a rental agreement; things like rent paid, belongings or mail may be weighed.
The day counts that exist: lodging only
Days of stay, hotel / motel / rooming-house occupants (not house guests)
- CACaliforniaResidential hotel30 days
- CTConnecticutHotel / motel30 days
- NYNew YorkRooming house / hotel30 days
- NHNew HampshireRooming / boarding house90 days
- VAVirginiaHotel / motel / extended stay90 days
Details differ: California's 30 days limits when a residential hotel can force check-out; Connecticut and Virginia add primary-residence conditions. See the table.
No agreement, no day count? What decides it
Likely a guest
- Visiting with permission, not to live there
- No rent, no rental agreement
May be a tenant
- A rental agreement, even oral
- Rent paid; belongings, mail, length of stay may be weighed
State by state (13 checked)
California
- Day count
- 30 days
- Applies to
- residential hotel occupants
- Rule
- In California, a residential hotel cannot make an occupant move, check out or re-register before 30 days of occupancy in order to keep them a transient (non-tenant) occupant; separately, a person in transient hotel or motel occupancy that is subject to transient occupancy tax under Revenue and Taxation Code §7280 is not one of the "persons who hire" covered by that chapter.
Connecticut
- Day count
- 30 days
- Applies to
- hotel/motel/similar lodging occupants (day count); any occupant (notice to quit)
- Rule
- In Connecticut, a hotel or motel stay of 30 days or more is not transient (so landlord-tenant law applies) unless the room is not the occupant's primary residence and the stay is under 90 days; a stay under 30 days is transient unless the room was the primary residence from the start. Separately, anyone whose right or privilege to occupy has ended can be removed only through a notice to quit and summary process.
Florida
- Day count
- None
- Applies to
- any transient occupant of residential property; hotel/motel transient occupancy excluded
- Rule
- Florida sets no fixed day count; a "transient occupant" (brief stay, no lease, intended as temporary, judged by listed factors such as minimal or no rent and a permanent residence elsewhere) can be removed by law enforcement on the owner's sworn affidavit, and transient hotel/motel occupancy is excluded from the residential landlord-tenant act.
Kentucky
- Day count
- None
- Applies to
- any occupant (URLTA localities only); hotel/motel transient occupants excluded
- Rule
- Kentucky sets no guest day count; under the Uniform Residential Landlord and Tenant Act (which applies only where a city or county has adopted it), a tenant is a person entitled under a rental agreement to occupy a unit, and transient hotel/motel occupancy subject to the transient room tax is excluded.
Louisiana
- Day count
- None
- Applies to
- any occupant living there by permission (non-lessees)
- Rule
- Louisiana sets no guest day count; a person staying by permission or accommodation of the owner is an "occupant" who must get a written five-day notice to vacate before eviction once the purpose of the stay has ended.
Maryland
- Day count
- None
- Applies to
- any person in possession without a right of possession (non-tenants)
- Rule
- Maryland's statutes set no day count for when a guest becomes a tenant; a person who holds possession without a right to it can be removed through a District Court wrongful detainer action, which does not apply where a landlord-tenant (Title 8) remedy is available.
Minnesota
- Day count
- None
- Applies to
- any occupant (chapter 504B); hotel guests (chapter 327)
- Rule
- Minnesota sets no guest day count; a residential tenant is someone occupying a dwelling under an oral or written lease requiring money or services, and the definition also covers all other regular occupants of that unit; hotel guests are presumed non-transient if the unit is their sole residence.
Montana
- Day count
- None
- Applies to
- any occupant; hotel/motel transient occupancy excluded
- Rule
- Montana sets no guest day count; a tenant is a person entitled under a rental agreement to occupy a unit, transient hotel or motel occupancy is excluded from the Act, and a person who stays after the landlord asks them to leave without written permission is defined as an unauthorized person or trespasser.
New Hampshire
- Day count
- 90 days
- Applies to
- rooming/boarding house occupants (90-day count); hotel/motel vacation rooms excluded
- Rule
- In New Hampshire, rooms in rooming or boarding houses rented to transient guests for fewer than 90 consecutive days are not a tenancy under the eviction chapter, and hotel/motel rooms rented for recreational or vacation use are excluded entirely.
New York
- Day count
- 30 days
- Applies to
- rooming house and hotel residents
- Rule
- In New York, a rooming-house occupant, or a non-transient hotel resident who has been in possession for 30 consecutive days or longer, counts as a tenant for eviction purposes; a squatter does not.
- Statute
- N.Y. RPAPL §711
Texas
- Day count
- None
- Applies to
- any occupant
- Rule
- Texas sets no guest day count in the residential landlord-tenant chapter; a tenant is a person authorized by a lease to occupy a dwelling to the exclusion of others.
- Statute
- Tex. Prop. Code §92.001(6)
Utah
- Day count
- None
- Applies to
- any occupant
- Rule
- Utah sets no guest day count; a renter is a person entitled under a written or oral rental agreement to occupy a unit that is their principal residence, and the eviction chapter excludes from "tenant" anyone with no legal right to the premises.
Virginia
- Day count
- 90 days
- Applies to
- hotel/motel/extended-stay occupants (day count); house guests (definition)
- Rule
- In Virginia, a person living in a hotel, motel, extended-stay or similar lodging as their primary residence for more than 90 consecutive days (or under a written lease for more than 90 days) is covered by the landlord-tenant act; a guest who has the tenant's permission to visit but not to occupy is not a tenant.
Not covered: other states and local ordinances (some cities add protections). Colorado is not shown because we could not verify it.
If a guest won't leave
- 1
Ask in writing
Put the date to leave in a dated message and keep a copy.
- 2
Expect a formal process
You may need a written notice, then a court case (eviction or wrongful detainer, depending on state).
- 3
No self-help
Do not change locks, cut utilities or remove belongings yourself; ask a local attorney or legal aid.
Renting out a room or signing a lease?
The free scan flags clauses that conflict with your state's rules.
Scan my lease freeFAQ
When does a guest become a tenant in Maryland?
Maryland's statutes set no day count for when a guest becomes a tenant; a person who holds possession without a right to it can be removed through a District Court wrongful detainer action, which does not apply where a landlord-tenant (Title 8) remedy is available. (Md. Code, Real Prop. §14-132(a), (b)(1)-(2); §1-101(i), checked 2026-11-07).
When does a guest become a tenant in Virginia?
In Virginia, a person living in a hotel, motel, extended-stay or similar lodging as their primary residence for more than 90 consecutive days (or under a written lease for more than 90 days) is covered by the landlord-tenant act; a guest who has the tenant's permission to visit but not to occupy is not a tenant. (Va. Code §55.1-1201(D)(3)-(4); §55.1-1200, checked 2026-11-07).
Is there a 30-day rule that turns a guest into a tenant?
Not for house guests in the states we checked. The 30-day figures we found (New York, Connecticut, California) apply to hotel, motel, rooming-house or residential-hotel occupants, and New Hampshire and Virginia use 90 days for similar lodging. For a guest in a home, it depends on whether there is a rental agreement, which in many states can be oral. Facts such as paying rent may be weighed. This is general information, not legal advice.
Can I call the police on a guest who won't leave?
It varies by state. Florida sets no fixed day count; a "transient occupant" (brief stay, no lease, intended as temporary, judged by listed factors such as minimal or no rent and a permanent residence elsewhere) can be removed by law enforcement on the owner's sworn affidavit, and transient hotel/motel occupancy is excluded from the residential landlord-tenant act. (Fla. Stat. §82.035(1)-(3); §83.42(3); §83.43(17)). In other states we checked, removal usually goes through a notice or court process; for example Louisiana requires a written five-day notice to vacate (La. Code Civ. Proc. arts. 4702, 4704). Do not change the locks or remove belongings yourself.
Can I just change the locks on a guest who stays too long?
We do not recommend it. Even someone who is not a tenant often can only be removed through a notice or court process in the states we checked, and self-help can create legal risk. Ask a local attorney or legal aid office.
Related state comparisons
Last checked 2026-11-07 against the statute text linked in the table (not reviewed by a lawyer). General information only, not legal advice. Laws change; verify with the linked source or a licensed attorney.