Can a landlord restrict or limit guests to a certain number of days?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can a landlord restrict or limit guests to a certain number of days?
My boyfriend has his own lease at another location but spends most nights at my apartment. There is a clause in the lease that requires permission from landlord if the guest stays over 72 hours. It does not define the 72 hours as consecutive or within any other period of time like per month. We think the clause is in violation of state law but cannot locate a statute pertaining to this.
Asked on October 22, 2012 under Real Estate Law, Vermont
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
No, such a clause is NOT against state law: it is perfectly legal for a lease to restrict a tenant's ability to have guests.
Most courts would normally construe the 72 hour limitation as preventing not only 72-consecutive-hour stays, but stays that violate the clear intent of the clause, which is to prevent a tenant from effectively having people living with her (as opposed to occasional guests) who are not on the lease. So, or example, if your boyfriend is there 5 nights a week--2 nights; then a break; then 1 night; then a break; then 2 nights--most courts would conclude you are in violation of the provision limiting overnight guests.
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.