What are my rights to have a guest stay over at my apartment?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What are my rights to have a guest stay over at my apartment?
I live in a 1 bedroom apartment. I have a friend who is between apartments sleeping on my couch. My landlord has asked me to kick him out due to him not paying any rent and his name is not on my lease. My landlord has given me 48 hours to kick him out or I will be evicted from my apartment. Is this Legal? What can I do?
Asked on November 19, 2011 under Real Estate Law, New Jersey
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If you have a lease, your landlord can legally limit who stays with you for a certain period of time. While this may sound unfair, let's explore it from the perspective of the landlord. Ultimately, if your landlord has to pay for water, sewer, trash, electricity, heat, hot water or all of these, then your extra friend is increasing your landlord's costs without an increase in rent. It is and can also be considered a liability since this person has not been background checked and placed under a lease agreement for protection for the landlord. It may be best to have your friend locate another friend to help him.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.