If my landlord is trying to tell me that I cannot have a guest in my apartment, is this legal?

UPDATED: Jun 30, 2012

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If my landlord is trying to tell me that I cannot have a guest in my apartment, is this legal?

I was sent a 14 day cure of breach of contract stating that im not allow anyone to reside on the premises without prior written consent, my boyfriend at time stays the night, he has his own apartment. How can she tell me that I can’t have people stay the night?

Asked on June 30, 2012 under Real Estate Law, Wisconsin


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If there is a written lease, then the landlord can only restrict guests if the lease itself states that the landlord may do this, or specifically provides some limit on occupancy, guests, etc. If there is such authority in the lease for the landlord to restrict your boyfriend, then the landlord may do this--such terms are enforceable if they are in the lease. If there is a written lease but no such authority for the landlord, it should not be able to. If you have a written lease, you could ask the landlord to point to or identify the paragraph or clause which it believes gives it this right.

If there is only an oral (or verbal) lease, then while the landlord cannot prevent you from having your boyfriend over, the landlord could give you 30 days notice terminating your tenancy, if the landlord decided that you were not a desirable tenant (such as due to having your boyfriend over often).

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.

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