united-states tenant
What conditions give rise to tenants rights?
<p>Suppose one is allowed to remain as a house guest free of charge for more than a month and comes to use the place as one's only or primary home. Does this protect one from eviction? Or an adult child living with family. Are there any safeguards against such people abruptly losing their homes?</p>
<p>I've heard that even a hotel guest that stays longer than 30 days can gain the rights of a tenant.</p>
<p>Where is the threshold of conditions that give rise to tenants rights?</p>

<p>In Florida, a &quot;tenant&quot; is defined in <a href="http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&amp;URL=0000-0099/0083/0083.html" rel="nofollow noreferrer">Fla. Stat. 83.43</a> as &quot;any person entitled to occupy a dwelling unit under a rental agreement&quot;. Then &quot;rental agreement&quot; &quot;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&quot;.</p>
<p>One trigger for tenancy is giving (accepting) rent. Tenancy can also be established by a person providing something of value in exchange for the right to stay in a domicile, e.g. painting the house, picking oranges, taking care of grandma. Other signs of tenancy are receiving mail and moving furniture into the domicile. These are indicia of tenancy – the intent to reside – and not bright-line rules. If a friend comes to visit for a month, and it is clear from e.g. conversations that the intent is to stay for a month then leave, they will not have created a right of tenancy. Changing the scenario a bit, e.g. &quot;stay until I get back on my feet&quot; signals a different intent, and could be taken to be a rental agreement. The question of &quot;consideration&quot; would arise, regarding this putative contract, and the consideration would be something like &quot;companionship and affection&quot;. There are various rulings regarding &quot;guest to tenant&quot; conversion, for example hotel guests can become tenants.</p>
