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renters rights: visitors in homeMY LANDLORD INSISTS THAT SHE HAS EVERY RIGHT LEGALY TO...

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legalbearly | eNotes Newbie

Posted August 10, 2008 at 7:18 AM via web

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renters rights: visitors in home

MY LANDLORD INSISTS THAT SHE HAS EVERY RIGHT LEGALY TO DECIDE WHO, AND WHEN I MAY HAVE VISITORS AT MY RENTED HOME.

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urthona | (Level 1) Assistant Educator

Posted August 11, 2008 at 4:46 AM (Answer #2)

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Do you have a written lease? If so, is there an explicit clause that sets rules for guests? Are there any vague clauses that could be interpreted to exclude certain guests at certain times? State and local landlord-tenant laws may also apply to your situation. Where do you live?

In some jurisdictions, in the absence of a written lease, tenants have an implied lease, usually a month-to-month arrangement that either party can end with one month’s notice. The rights of a tenant under an implied lease are either spelled out in a statute or are merely what’s “customary” in the area.

In all (enforceable) leases and under all state and local statutes, tenants have a general right to privacy.

Is your landlord objecting to overnight visitors of the opposite sex? Or do you have friends staying with you for long stretches at a time, possibly disturbing the neighbors or running afoul of a no-roommates policy? Without additional information about the specific context, it's difficult to hazard a guess whether your landlord can legally bar you from having visitors -- whoever and whenever you please.

Landlords often think they have more rights over their leased property than they actually have. While you research your rights, consider nicely asking your landlord to point out the specific clause in the lease or provide the specific statute that gives her the rights she's claiming. Also, make notes (with date, time, and location) of the contents of any conversations you have with her on this issue.

See this entry in enotes.com's reference library: http://www.enotes.com/everyday-law-encyclopedia/landlord-tenant-rights

Disclaimer: This post contains general legal information and should not be construed as legal advice to be applied to any specific factual situation. Each reader should consult a lawyer if you want a qualified professional’s assurance that this information, and your interpretation of it, is appropriate to your particular situation.

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litteacher8 | Middle School Teacher | (Level 1) Distinguished Educator

Posted February 18, 2011 at 9:26 AM (Answer #3)

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Some apartment complexes have community rules, such as noise ordinances, rules against putting up certain decorations, ect. In general it depends on your lease and your state, as to what the law is.  However it is not uncommon.  I am not sure if this specifically applies to visitors, or just those who make noise.

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brettd | High School Teacher | (Level 2) Educator Emeritus

Posted August 28, 2011 at 3:42 AM (Answer #4)

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Consult the landlord/tenant law of your state, or a lawyer who specializes in such matters.  These laws are quirky and unique from state to state and town to town, so it may be that the landlord can limit your visitors.  I would say it is unusual, however, that they would be able to limit how many, when or who specifically.  At least, I have never heard of such a thing.  You might also find out if this is happening with all of the other tenants he manages.

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peterjensen123 | Student, Undergraduate | eNotes Newbie

Posted April 11, 2012 at 5:49 PM (Answer #5)

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I just signed a lease (in Chicago, Illinois) in which the Lessor (my landlady) stipulates "Daily fee for additional persons staying in the apartment beyond the two named in this lease: $20 per night."

Does she have the right to do this? I have never heard of this. She doesn't seem like the type to invade our privacy. Do you think this is just a safeguard in case we have a guest acting poorly in the building? 

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