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 Hawaii, tenants who wish to have a roommate stay in their leased residential property should be aware of the potential legal implications. If a guest stays for an extended period, they may establish tenancy rights, even if they are not on the lease. Hawaii law generally requires that a month-to-month tenant be given at least a 45-day written notice to vacate the premises. However, the specific period may vary depending on the circumstances and the terms of the lease agreement. Additionally, most lease agreements have clauses that restrict the duration a guest can stay, and violating these terms can lead to legal issues for the tenant, including possible eviction. It is important for tenants to review their lease agreement and consult with an attorney if they are considering having a long-term guest or roommate to ensure they are in compliance with their lease terms and state laws.