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“How long can a guest stay with me before it becomes a problem?” Tenant, NSW

We asked Mint360property Senior Property ManagerEmma Bettencourt for her advice.

“Everyone is a little different with this, as this can come down to the owner’s personal preference, but the timeframe I usually give tenants is one month,” Emma said.

“Any longer than that and it will appear as though you are subletting the property without the owner’s prior consent, which is a breach of the Residential Tenancy Agreement and most likely, your Strata by-laws.”

Emma said it is always best to be upfront and honest with your real estate agent from the get-go.

“When in doubt, just ask, and we’ll be able to let you know how best to proceed,” she said.

A good rule to remember: The leaseholder is always responsible for their guests. If complaints are received, they will ultimately fall on the person who is on the lease agreement.

Have a question you would like to see answered here? Let us know!

Are they a guest or a sub-tenant? 

Having guests stay over at your property is part of your right to quiet enjoyment and exclusive possession of the property, under standard Residential Tenancy terms. This right to quiet enjoyment should also include a right to live with your spouse, de facto, or close family member. Your right to privacy also means that you shouldn’t have to tell your property manager every time you start a new relationship or have someone stay over. If you have a guest stay at your house, there’s no requirement to tell your landlord or agent or ask for permission.

However, you will need to get written permission from your landlord/agent if you want to have a sub-tenant live with you. If you don’t have written permission for a sub-tenant to be there, you are in breach of your lease and your landlord could serve you with a notice to remedy, and then apply to the Tribunal for an order that the person moves out. Alternatively, they could serve you with a notice to vacate.

A guest becomes a sub-tenant or occupant when they pay or contribute money, particularly if they start to pay a set amount on a regular basis. They are also more likely to be a sub-tenant if the premises are their only residence, if they have a key, direct their mail to your address, help care for the property, or arrange to stay for a long time.

For information specific to your state or territory, check out our Tenancy Support In Your State page.

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Emma Bettencourt
Senior Property Manager at | + posts

Emma's passion for people and property and her skills as a listener and communicator make her a vital member of the Mint360property management team. Now a Senior Property Manager Emma plays a key administrative and organisational role within the business.