A person who is leasing a residential property such as an apartment or home (tenant) may want to have a roommate stay at the leased premises. This is often a boyfriend or girlfriend but may also be a friend or family member who needs a place to stay for a short period of time—which then becomes a longer period of time.

If the tenant’s relationship with their guest takes a turn for the worse, or if the guest overstays their welcome, the tenant may not be able to remove or evict the guest from the leased premises (apartment or house) as quickly as the tenant imagined. Laws vary from state to state, but in some states such a guest who is not on the lease may become a legal tenant with certain rights after staying at the leased premises for a certain period of time. For example, the guest may become a month-to-month tenant with the right to at least 30 days written notice to move out or vacate the leased premises.

Having a roommate who has not been approved by the landlord and who has not signed and agreed to the terms of the lease agreement (is not on the lease) can cause additional legal problems for the tenant who signed the lease agreement. For example, most residential lease agreements limit the number of days (and nights) a person who has not signed the lease agreement (a guest) can stay at the leased premises. If a tenant violates this provision of the lease agreement by having guests for longer periods of time, the landlord may be able to terminate the lease and evict the tenant.

In Utah, a tenant who wishes to have a roommate stay in their leased residential property should be aware of the potential legal implications. Utah law recognizes that guests can become de facto tenants after an extended stay, which may grant them certain rights, such as the right to a notice period before being required to vacate. This is often referred to as a tenant-at-will situation, where the guest may be considered a month-to-month tenant. Typically, such a tenant would be entitled to a 15-day notice period before eviction, as per Utah Code § 78B-6-802 for month-to-month tenancies. Additionally, most lease agreements have specific clauses that limit the duration a guest can stay without being added to the lease. If a tenant allows a guest to overstay, this could be a breach of the lease terms, potentially leading to the landlord taking action to terminate the lease and evict the tenant. Therefore, it is crucial for tenants to review their lease agreement and consult with an attorney before allowing someone to move in who is not on the lease, to ensure compliance with the lease terms and state laws.