Can a Guest Stay Longer Than 14 Days in 3 Months in Wisconsin?

Question from Bob, Can a Guest Stay Longer Than 14 Days in 3 Months in Wisconsin?

Answer from AI:

In Wisconsin, the distinction between a guest and a tenant is important for both landlords and occupants. Generally, if someone stays in a rental property for more than 14 days within a 3-month period, they may be considered a tenant under Wisconsin law. This classification can have significant legal implications, including rights and responsibilities for both parties.

Understanding the Guest vs. Tenant Distinction

The Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) provides guidelines on what constitutes a tenant versus a guest. Here are some key points:

• Guest: A person who stays temporarily and does not have the same rights as a tenant.
• Tenant: A person who has a rental agreement (written or oral) and has certain legal rights and responsibilities.

Staying Longer Than 14 Days

If you want to stay as a guest for longer than 14 days within a 3-month period without becoming a tenant, consider the following:

1. Written Agreement: Have a clear, written agreement with the landlord specifying that the stay is temporary and does not create a tenancy.
2. Frequent Absences: Ensure that the guest is not continuously present and leaves the property periodically.
3. Limited Use of Amenities: The guest should not use the property in a manner that suggests they are a tenant, such as receiving mail or having personal belongings permanently on-site.

Legal ‘Loop-Holes’

While it is not advisable to exploit legal loopholes, understanding the law can help you navigate your situation:

• Temporary Stays: If the guest leaves the property for a few days and then returns, this might reset the 14-day count. However, this can be seen as an attempt to circumvent the law and may not hold up in court.
• Subletting: If the primary tenant sublets the property to the guest, this creates a new tenancy agreement, which might be a workaround but requires the landlord’s consent.

Consulting a Legal Professional

Given the complexities and potential legal ramifications, it is crucial to consult with a legal professional for personalized advice. They can provide guidance based on your specific circumstances and help you understand your rights and responsibilities.

Resources

For more information, you can refer to the following resources:

• Wisconsin Department of Agriculture, Trade and Consumer Protection – Landlord/Tenant Resources
• Wisconsin Statutes Chapter 704 – Landlord and Tenant

Remember, while general guidelines can be helpful, they are not a substitute for professional legal advice tailored to your specific situation.