How many nights in a month can a guest stay in a rental?

[Jordan Gerkin]

I have a renter asking me how many nights a month a guest can stay the night without being on the lease? I know this probably varies state to state (I’m in Illinois by the way), but is there an average? And is this a strict law to adhere by?

[Erik W.]

Your lease should address this, since most states have no laws on the books.  We use 14 days.

Btw, this policy IS enforceable, even if you don't live at the property.  In our lease, the tenant and I agree that if the LL (me) has any reason to suspect a guest has overstayed the limit, the tenant will furnish me with evidence of the guests permanent housing.  Evidence would be a lease in the tenant's name, a current utility bill in their name at another address, and/or a copy of a current bank statement with their alternative address on it.  They must also provide contact information I can use to verify, so for example their current land lord's phone number.  If they cannot provide this or refuse to provide it, their rent goes up $100/month retroactive to the beginning of the lease, regardless of when they say the person actually moved in.  They must pay the fee with the next rent cycle, and if the person wants to stay they must apply and be approved to be added to the lease.

To date, I have only had to enforce that policy once.  Tenant admitted the person was living there, paid me $300, and we added that person to the lease.  Easy cheesy.  Would my clause hold up in court?  Dunno.  It sure put my tenant into the right mind-set for compliance, though.  I prefer to stay in control, and if a judge thinks I've overstepped my boundaries we can discuss it then.  I'm not too worried, though.  It would be interesting to hear a tenant argue in front of a judge that they were entitled to move someone in without my approval, in clear violation of our lease agreement.