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Old 08-15-2010, 11:52 PM
 
7 posts, read 83,960 times
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Is my landlord allowed to tell me that I can't have overnight guests? I live on the 2nd floor of a house, and his mother lives downstairs. The lease doesn't say anything specifically about guests, all it says is "only a party signing this Lease and the spouse and children of that party may use the Apartment." But we never clarified what exactly it meant by "use"-- does that mean no one who isn't a direct relative can stay here at all, or that they can't live here permanently?
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Old 08-16-2010, 12:56 AM
 
12 posts, read 107,446 times
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Default Of course you can have overnight guests!

My dear,

Who said that you cannot have overnight guests? In my experience, a renter can have visitors come by and sleepover up to 30 days---after that, the guest will be living there and may cause your rent to increase. If the person is visiting, that is okay but if they outlive your hospitality, the landlord may expect you to pay extra rent on their behalf.

Some landlords are crafty---videotaping comings and goings as well as recording your move to and from the dwelling. I saw a place recently where the landlord has a camera installed with state of the art monitoring in the front, side, and back of a private residential dwelling. Be careful because if the person visits for more than 30 days, she may be able to prove it in court.
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Old 08-16-2010, 05:17 AM
 
979 posts, read 4,456,297 times
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I believe the only legal restrictions on guests would be in rooming houses. Other then that there is nothing a landlord can do legally to prevent you from having the occasional guest. As above stated the 30 day rule is a threshold that makes a guest an occupant.
Your problem may be that the LL will not renew your lease however, unless you fall under some protection like rent control.
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Old 08-16-2010, 07:49 AM
 
Location: No Sleep Til Brooklyn
1,409 posts, read 5,249,635 times
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Yep, and in a building that small it is unlikely that you are rent stabilized or controlled so he will just kick you out if his mom doesn't like your lifestyle.
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Old 08-16-2010, 10:32 AM
 
118 posts, read 443,603 times
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Where I live we were told outright the first day that there would be no visitors of any kind. Which I actually LIKE, seeing that I have 3 other roommates that, while all nice people, I don't really know all that well. Every situation is different. You have to listen to what the landlord says upfront, and know how to read between the lines. And not be afraid to ask questions. Why didn't you ask about this in the first place when you were signing the lease???
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Old 08-16-2010, 10:36 AM
 
8,743 posts, read 18,373,929 times
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Harlem they can say no visitors, but that is totally unenforceable and illegal. So if you have visitors don't sweat it..but also make sure you are respectful of your landlord/other tenants in the building. If your visitor also brings noise/drugs/litter/problems, you won't be staying there very long.
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Old 08-16-2010, 10:41 AM
 
Location: Full Time: N.NJ Part Time: S.CA, ID
6,116 posts, read 12,593,605 times
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Quote:
Originally Posted by HarlemNewbie View Post
Where I live we were told outright the first day that there would be no visitors of any kind.
Where do you live?? Are there bars all over and your "landlord" needs to let you out with a key for "activity time"?
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Old 08-16-2010, 10:51 AM
 
979 posts, read 4,456,297 times
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Quote:
Originally Posted by HarlemNewbie View Post
Where I live we were told outright the first day that there would be no visitors of any kind. Which I actually LIKE, seeing that I have 3 other roommates that, while all nice people, I don't really know all that well. Every situation is different. You have to listen to what the landlord says upfront, and know how to read between the lines. And not be afraid to ask questions. Why didn't you ask about this in the first place when you were signing the lease???
State and City law would prohibit the enforcement of a clause that denied the occupant from having "guests". The risk is of course as stated is not having the lease renewed.
Maybe I'm naive, I know a lot of commercial and residential LLs, and I can honestly say none of them are preoccupied with "guests". I suppose if profit margins were thin enough I'd be in the basement, enraged, as the nickels and dimes add up while watching the water meter spinning.
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Old 08-16-2010, 06:23 PM
 
Location: The Ranch in Olam Haba
23,707 posts, read 30,739,571 times
Reputation: 9985
No as long as you are not charging them. He may be trying his own spin on the new ban on short-term rentals less than 30 days. But this ban does not go into effect until 5/1/2011. Or Mom is a light sleeper and complaining about the extra noise or complaiining about the security issue. You may want to prepare for a possible move if he decides within 30 days of the expiration of your lease to not renew.
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Old 08-16-2010, 06:35 PM
 
Location: Earth,for the time being...
80 posts, read 278,162 times
Reputation: 126
I don't think he has a right to regulate having your friends, relatives or acquaintances stay overnight, all week or all month, unless something is specified in your lease & is legal in your locale & they aren't fugitives or involved in or conducting any illegal activities.....BUT.....
I think your landlord might have a case if you had
HOURLY guests though..............................
.
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