IS this legal?

Question

My friend and his family moved into a house here in our small town in missouri,but maybe getting evicted because the landlord does not allow visitors of anykind,ever. No family,no friends, no nothing? Its in there lease and they only accepted it because they were going to be homeless. If this happens they will stay with me for a while but can the landlord legally put somthing like that in a lease? It seems a tad bit ridiculous.

Nuno: If you and your wife and kids were homeless in the winter with nowere to go, you would have signed as well,unless you would have prefer your kids to be homeless for th sake of YOUR pride. Dont judge them they wer trying their best.

Answer 1

No, that's probably not legal. A landlord CAN restrict the number of unrelated adults that LIVE in a home but cannot bar visitors and temporary guests without good cause. Such a clause would probably be held unenforceable by the courts.

Legal advice from an attorney would be ideal in this case; try Legal Aid and see if they can assist. Lacking that, they might be able to get some assistance at the county courthouse.

If a landlord were to attempt to evict a tenant for such a capricious reason it would be pretty easy to defend that action. If a case is filed they MUST file their answer to the eviction suit by the stated deadline. Just showing up in court is NOT sufficient! The court clerk's office can assist with that; but an attorney's advice would be best.

Here's a link to the MO Attorney General's Pamphlet on Landlord - Tenant Law in MO. I haven't read it yet but it should provide some assistance. At the very least, you might want to print it out so that they can give a copy to the landlord if he tries to interfere with their "quiet enjoyment" of the property.

http://www.ago.mo.gov/publications/landlordtenant.pdf

OK, that pamphlet is a bit useless in this case. But here's a link to the entire text of the law:

http://www.moga.state.mo.us/statutes/chapters/chap441.htm

Chapter 441.500 defines an "Occupant" as follows: "any person occupying a dwelling unit as his or her place of residence, whether or not that person is occupying the dwelling unit as a tenant from month to month or under a written lease, undertaking or other agreement"

Key point there is "place of residence".

Now, looking at 441.630 "Duties of Occupant, (5) which states: "Shall not under any circumstances take in additional occupants, sublease, rent or turn over said premises to any persons without the owner's knowledge and consent."

Key point here is the taking in of additional occupants, i.e. RESIDENTS.

While the law is silent on the issue of temporary guests and visitors there is no bar in law and no explicit provision in law that allows the landlord to bar temporary guests and visitors.

Of course, I'm not an attorney and can't give legal advice but my gut tells me that trying to enforce such a draconian clause in a lease would go against public policy and would be unenforceable as such.

Answer 2

Actually it doesn't sound legal or intelligent. There are protections for lease holders and consumers that go beyond simple contract law.

The landlord put this in because maybe once before someone had some bad visitors.

If he throws this family out he will lose money, so why he is doing that I don't know.

If you fight this bastard he will probably go and make more trouble, such as changing locks, throwing items into the street or even violence.

Possibly the best way is to go and talk to the landlord and try and come up with a friendly solution for everyone.

Answer 3

I very seriously doubt that what the landlord is trying to do is legal. In Washington State the landlord has the right to control who lives in a rental as well as how many people live there. Who comes to visit is nobodies business as long as your guest's stick to the rules and laws such as drug activity and damaging the structure etc. I also know that in many situations, by written law, you can't sign away your rights. What I would do is check into your states governmental web site. In Washington there is a tenant landlord act that might be based on federal laws. I also know that in some places you can be evicted for no real reason at all. Your friend might be best off to find another place to live as soon as possible. Develope a good relationship with the current landlord by being cool about his being a jerk, pay the rent on time to develop a good credit rating with him and use that as a recommendation for the next landlord.

Answer 4

Well you should talk to a lawyer because a landlord shouldn't have a right to a person having no visitors.

Answer 5

I agree..that is a rediculous stipulation. However, if it is in the lease and both parties signed it then I'm afraid it sounds like it's totally legal. However, I'm no lawyer. Maybe they should talk to one or contact a law school for free advice.

Answer 6

It does seem incredibly ludicris that someone would stipulate that! But, I guess a landlord can do whatever they want since it is their property and if your people signed the lease, then it is legally binding...sorry. I hope they don't get kicked out and they only signed a one month lease! Jeez!

Answer 7

the ridiculous part was the fact they were ignorant enough to sign it. most rational adults would of walked away. lay in the bed you make.

Answer 8

does the holder of the deed of real property mean he owns the property or how does that work

Answer 9

the landlord cant do that, that would be considered imprisonment.

Answer 10

yes, he can and yes, it is legal and will stand up in court,as odd as it may seem.