tenant aguing over house rule that was agreed upon before the lease was signed (apartment, eviction)
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
Is there anything a landlord can do if a tenant breaks a house rule that was stated before the lease was signed. We are renting a single room in our house. And have a joint bathroom kitchen ect. this being a private residence we put a few things in the lease to protect us and our home. the two main concerns that put into the lease and now are being argued over are-
1. Not having overnight guests
2. No Marijuana
the second is kind of a given. Just like a person can require no smoking in the house a landlord can say no Marijuana no matter how 'legal' it is now. But as for the other I don't think its a unreasonable thing not to allow overnight guests; college dorms do it all the time and it was stated in the lease.
My question is I'm not sure how to enforce the rule if it is broken. She seemed to have backed down for now but what do I do if she tries to anyway. Just trying to prepare for the possibility. I know that its not grounds for eviction for sure but there has to be something a Landlord can do.
1. Not having overnight guest. So long as there are no overriding state/local laws that prohibits a prohibition on overnight guest, if it's in the agreement, you enforce it like any other breach of the contract.
2. Marijuana is a bit more problematic as a lease that prohibits marijuana smoking but not any other smoking can be argued as selective enforcement and may or may not be allowed depending on how your courts look at this especially if there are recreational use laws and even more problematic if there are medical marijuana laws and that's their defense. Even in states that allow a landlord to restrict marijuana use even if state laws allow it, medical marijuana is still an unknown and continually being tested in courts with many inconsistent rulings.
In both cases, you treat these the same as you would any other breach of the lease and do what the lease/state law allows as far as notice to stop doing it.
Thank you it hasn't happened, yet but she's whining about it constantly. She's the type of person that thinks she can do whatever she wants without consequence. I feel like its only a matter of time before she sees how far she can push it. Im so glad I had her co-sign with her father. If need be I'll get him involved, though I rather work it out with her first. Good to get some extra input though.
1. Not having overnight guest. So long as there are no overriding state/local laws that prohibits a prohibition on overnight guest, if it's in the agreement, you enforce it like any other breach of the contract.
2. Marijuana is a bit more problematic as a lease that prohibits marijuana smoking but not any other smoking can be argued as selective enforcement and may or may not be allowed depending on how your courts look at this especially if there are recreational use laws and even more problematic if there are medical marijuana laws and that's their defense. Even in states that allow a landlord to restrict marijuana use even if state laws allow it, medical marijuana is still an unknown and continually being tested in courts with many inconsistent rulings.
In both cases, you treat these the same as you would any other breach of the lease and do what the lease/state law allows as far as notice to stop doing it.
We don't allow any other smoking either, I had a tracheotomy tube as a child that left me very sensitive to smokes and other vapors, so its not only an aesthetic concern but a health concern, And as for Medical usage, she has no license, if she had a license and did it in a non-invasive way like an inhaler or edibles that she kept in her room. Mostly likely we would allow it, if it was discussed with us first.
As for the other It seems like there is a rule against patrolling an apartment for breaches of contract as in would be an invasion of privacy. But Its a room not a isolated unit so its not like it wouldn't have any effect on us the landowners. Also there is the argument that if we let him stay a day why not a week or two. then that would be not only the breach of a house rule but our 1 tenant policy. This is a way to insure that there is no undocumented tenants staying in the unit, as well as, to insure our safety as residents.
Tell her if there is an overnight guest you will have them removed by the cops as trespassers. If a guest stays more than 7 days in some states they can be considered a tenant and you would have to evict them.
We don't allow any other smoking either, I had a tracheotomy tube as a child that left me very sensitive to smokes and other vapors, so its not only an aesthetic concern but a health concern, And as for Medical usage, she has no license, if she had a license and did it in a non-invasive way like an inhaler or edibles that she kept in her room. Mostly likely we would allow it, if it was discussed with us first.
As for the other It seems like there is a rule against patrolling an apartment for breaches of contract as in would be an invasion of privacy. But Its a room not a isolated unit so its not like it wouldn't have any effect on us the landowners. Also there is the argument that if we let him stay a day why not a week or two. then that would be not only the breach of a house rule but our 1 tenant policy. This is a way to insure that there is no undocumented tenants staying in the unit, as well as, to insure our safety as residents.
For the marijuana use and if in a state with medical marijuana laws, a short consult with a qualified attorney would be money well spent. This is one of those things where a simple use of words or a misspoken phrase could go from legal restriction to illegal restriction. So, just get a consult to know where you stand.
For the overnight guest, a lot depends on your state law. Many landlords mistakenly assume because it's their house they have legal rights as a homeowner. In some states, a homeowner living in their home but renting to a tenant are actually equals with the landlord having no greater rights that they prohibit from a tenant. You also have to know how the local courts have ruled on similar issues. Take WA state. There are no laws that prohibit a landlord from having a strict no overnight guest policy. But, there is a a law that requires all restrictions/rules to be reasonable and the courts have ruled that an outright prohibition on any guest is unreasonable. The courts reasoning is a bit complex and centers on why a landlord has such restriction.
Again, this may be worth a few extra minutes with a qualified attorney.
For the overnight guest, a lot depends on your state law. Many landlords mistakenly assume because it's their house they have legal rights as a homeowner. In some states, a homeowner living in their home but renting to a tenant are actually equals with the landlord having no greater rights that they prohibit from a tenant. .
and in some states renting from a room from an LL makes you a lodger and the LL can enter any part of the home including your locked room.
Also as long as you have a month to month lease and they decide to have overnight guests when they agreed not to then you can always give them 30 days notice to move out.
I don't know what the law is about marijuana in Washington, but it is not a problematic issue in Oregon. The courts have already ruled on it.
Landlords can forbid marijuana in any form, both ingesting and growing, recreational or medical.
The landlord can reject an applicant who has a medical marijuana card with that card being the grounds to reject.
OP, if her father has co-signed for her, you are supposed to send him copies all any notice that you give to her.
I'd put it in writing and give her a notice right now; As per the lease that you signed, overnight guests and/ or marijuana are not allowed. Violation of this clause in your lease will result in eviction.
You have to give notices in writing. Verbal notices are basically worthless if you have to go to court and if you are going to kick her out for overnight guests or marijuana, you'll need to show that she was warned about it first.
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
