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I am currently on a sub lease and have been on one for almost a year now. However recently my roommate/the person i lease from has told me that my girlfriend Is not allowed in my room while I am away. Her and I both go to college. We come back to my place and hang or do homework however I have late classes so I let her stay in my room while I go to class. The person I lease from is now saying that I am not allowed to do that. Is this true? Can she not stay in my room while I go to class?
Generally, the LL does have the right to specify how many people are "living" in your unit, and what "living" with you means.
I suspect the LL thought s/he was leasing a room to just one person. If your GF is spending significant time on the premises, it will seem to the LL that s/he is leasing a room to more than one person. In fact, the person you are subletting the room from may be breaking the terms of his/her lease.
BTW, this would be true if you were renting a separate apartment, not just a room. The LL can - and usually does - specify how many people can live in the unit and how long any visitors may stay.
Need more details / clarification of the situation.
You say you are "on a sublease" which would imply that for whatever reason the person who actually leases from the landlord has decided to have a somewhat formal agreement with you. The rights of that person to restrict how you use the space are actually quite broad and if they decide to terminate your sublease you probably have little legal recourse.
I doubt you will find much in the way of legal precedent for a "sublessor" suing to have their guests present while they are not -- when you think about why that would be perhaps you'll realize this is not worth fighting about. The bulk of landlord / tenant laws relate to who is responsible for paying for a lease and what sorts of behaviors are going to cause the courts to get involved involve mostly financial issues. It sounds more like this situation is simply one where the person that signed the lease would prefer that the OP's girlfriend NOT be allowed access to the apartment when the OP is not there. That is reasonable on several levels -- should the girlfriend and the original tenant have any kind of interaction, positive or negative, it is a weird kind of "forced social" situation that is not because they are choosing to be interacting with each other or have a legal right to share the apartment but because the OP has left them there. Imagine if the girlfriend is accused of doing something so trivial as eating something from the fridge that she thought belonged to the OP, things could get ugly fast. Imagine something far more serious, like a potential harassment issue -- all kinds of ugly issues about consent and legal authority would muddy the case and lead to very unpleasant situations.
If the OP's girlfriend has no other place to stay in this college town that would be one thing, and she should be on the lease, but really it sound much more like the OP and his girlfriends need to rethink the limits of sublease or find a different living situation...
The legality is pretty well established -- the OP's girlfriend falls in the category of "unwelcome guest" as things have been laid out. The OP and the girlfriend would have to create a story that she was helping the OP pay his rent and that she was inadvertently left off the sublease / roommate agreement, which any judge would likely laugh out loud about.
I suppose if the OP had NO agreement and merely claimed that the original tenant had orally agreed to lease room to the OP and his girlfriend things would be a little murkier but if the OP has any kind of lease there is not much wiggle room for the girlfriend to really stay with the OP and certainly no excuse whatsoever for the girlfriend to be in the unit when the OP is at class.
As op the girlfriend lives an hour away from my place. Also we are getting a place after this lease is up.also what is the legality?
This falls under a few places of a lease. First you have the tenant(s) named on the lease; it should say specifically who is allowed to live there. There should also be a section referencing rules and this is a house rule item. And even if it doesn't mention rules you can't just rent a room for one then add a second person after the fact; that is unilaterally changing the agreement so how would you like it if the LL did the same for you?
You are in the wrong here, don't push the LL or you may find yourself being evicted.
You are sharing a house. Your roommate doesn't want strangers not on the lease wandering around unattended when no one is home. Yes it is legal. Maybe your girlfriend can hang out at the library until you are available at your room.
If you're away, they aren't a guest. They are someone staying in your place without paying to stay.
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