residential-lease
Where are the exceptions to the definition of tenancy?
<h1>CONTEXT</h1>

<p>In <a href="http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&amp;Search_String=&amp;URL=0000-0099/0083/Sections/0083.43.html" rel="nofollow noreferrer">Florida residential rental statutes define a tenant:</a></p>

<blockquote>
  <p>83.43 Definitions.—As used in this part, the following words and terms shall have the following meanings unless some other meaning is plainly
  indicated:</p>
  
  <p>“Tenant” means any person entitled to occupy a dwelling <strong>unit under a</strong>
  <strong>rental agreement.</strong></p>
</blockquote>

<p>I was informed \ cautioned by a police officer that any person living (i.e. residing, accepting mail), that they are in fact a tenant and may not be denied access: despite not being on the rental agreement. </p>

<h1>QUESTIONS</h1>

<p>Is there any Florida statute or any other relevant authoritative (government) statute that supports the notion that anyone (i.e. <strong>not</strong> on the rental agreement)'living' in the unit (unknown how long that must be) is a tenant?   Is an adult child (not listed on lease) of the lease a tenant? </p>

<p>Is there a comprehensive (verifiable) standard for determining if a person is a tenant?  For example, if Joe Cool is listed on the rental agreement as a tenant, then a third party can verify Joe is on the lease.  I'd like to understand what exactly triggers tenancy.</p>

<p>You should look at the definition of "rental agreement" in that same statute, which says: </p>

<blockquote>
  <p>“Rental agreement” means any written agreement, including amendments or addenda, or oral agreement for a duration of less than 1 year, providing for use and occupancy of premises.</p>
</blockquote>

<p>Therefore, telling someone they can stay there for ____ weeks also counts. You probably won't find a "comprehensible (verifiable) standard" because courts likely use a balancing test, which can also include a person's intent, to determine whether a person is a tenant in a landlord-tenant dispute. Each jurisdiction varies in its statutes, too. </p>
