What are my rights to have a guest stay over at my apartment?

UPDATED: Nov 19, 2011

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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


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 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.

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