Does my landlord have the right to tell me I can't have a visitor?

Question

I am an at will tenant. I have 2 roommates and my boyfriend lives right next door in another apartment. He comes over every day, after I get out of work and we hang out. He usually sleeps over most nights. Anyway, my landlord accused me of allowing a 4th person to live in our 3 person apartment. I assured him as that was not the case. That he doesn't use any of our appliances or take showers. He has all of that at his own place. Nor does he hang out at my place when I'm not there. All he responds with is "I know what you're doing in there. I see what's going on." I think that our water bill (which our landlord pays) went up this month and he thought that a fourth person was living here. One of my roommates (who doesn't have a car, but pays for a spot in our driveway) also allowed my boyfriend to park his car in her extra spot. Now he wants the car gone because he'll have nowhere to push the snow (if we ever get any), but I don't understand. Doesn't my roommate own that spot, not him?

Answer 1

No he doesn't have that right.

You need to check out
www.hud.gov

Read up on renting/tenant laws.

Sounds like a good old fashioned case of marital status discrimination. Maybe some gender discrimination sprinkled in for good measure. Start talking to the landlord rather loudly about FAIR HOUSING LAW VIOLATIONS!!

I'm completely serious. Catch that rat out front of the building and start very loudly proclaiming that he is violating fair housing laws. That will take the wind out of his ballsy sails.

best of luck,

Answer 2

I'd pull out the lease/rental agreement - and see what it says about all of this. Your boyfriend is not living there. Is there a rule about overnight guests and how often you can have them? Also - if your roommate was given a spot in the driveway - I would think she could park her car wherever she wants. No - she doesn't own the spot - but it sounds like she's renting it. Again - what does the rental agreement say?

It seems obvious that the landlord doesn't like your boyfriend - and he doesn't like the two of you hanging out - espeically overnight. He probably can't do anything about it legally. But having a landlord who doesn't like you - and watches you - can be a huge hassle. Sounds to me like you and your boyfriend should just go and get your own place - somewhere else.

Answer 3

As others have said, your lease can shed some light on the issue, but I am not sure how much.

I have never heard of an "at will" tenant. There is a "tenant in sufferance" which is a tenant without a lease, but that defaults to a month-to-month tenancy.

I am not sure if this is an apartment complex, duplex or single family housing. If the landlord controls both properties, and pays utilities in both, then it is irrelevant where your boyfriend stays, other than for the collection of rent. Even then, not sure what would matter, has he paid the rent for his place.

Now if the boyfriend's place is not rented from your landlord, he does have a gripe. If someone "visits" your place overnight, over 30 nights a year, that is considered living there.

As far as the parking space, if your room mate paid for two parking spaces, she is entitled to both of them, whether she occupies them or not. The landlord cannot deprive her of the use of the parking spaces by piling snow there. PERIOD. If he does, you have a case against him for damages. Often the liberal, bleeding heart judges will award a tenant triple damages in such a case.

Now I will be breaking the Landlord's code of silence, placing my life in ultimate danger by revealing what I am about to reveal. I must have your solemn promise not to tell anyone what I am about to share. Raise your hand and swear. . . . Okay.

The landlord cannot physically through you out without a court order. He/she can serve you with eviction papers. He/she can have the sheriff's office serve you with eviction papers. Until the judge issues a court order, no one can remove your property or yourself from the premises.

Whether you are month to month or have a lease, they can issue you a 14/30 letter. This letter says you have 14 days to stop X or 30 days to vacate the premises. If you stop after 14 days, you don't have to leave. If you don't stop you, have to get out in 30 days.

However, refer to the paragraph above for what the landlord can't do. They would still have to go to court to get a ruling in their behalf to get you out.

If you don't get out after 30 days, he/she can go to court seeking a "forcible detainer." This will allow the sheriff and/or, depending on your state, the landlord to physically remove you from the premises.

Now here is the crux of the matter. You have 30 days to get out. You don't. The landlord goes to an attorney, which prepares papers. It takes a week to get to court and the court sets a docket date, usually 30 to 90 days later. The sheriff has to serve you with papers at least 10 days prior to your docket date. That gives you anywhere from 60 to 120 days to get out.

Now, let me be honest with you, slumlord to deadbeat tenant. Just find another place to live. The landlord has it in for you and your friends, whatever the reason. It isn't worth the trouble to win the debate with the landlord.

Now, give popper 30-day notice, or notice 30 days before your lease expires. CLEAN THE PLACE UP. Take pictures when you vacate so that you have a record you left the place clean. Make sure you take close ups. AND, REALLY CLEAN THE PLACE UP.

I have had tenants that wiped the top of the stove and fridge and called it clean. There was a pool of grease under the lid of the stove, and I don't know what kind of hazardous waste in the fridge.

If you are good tenant, you will find a good landlord. This one sounds like he got stung, and wants to sting back.

Good Luck

Answer 4

The restriction on overnight guests is common. Many leases will restrict this to something like no guest may stay overnight more than 5 nights in a particular month. I believe this is based on fire codes, but I could be wrong about this (exceeding the rated capacity of an apartment could cause problems during an evacuation.)

I've rarely heard of this clause being enforced, though, unless it's a real problem situation (i.e. 4 constant overnight guests in a one bedroom apartment and/or the overnight guest being extremely disruptive to other residents).

The landlord is definitely wrong about the parking space. If your roommate paid for it, it is hers. I've fought this battle before. When I was in college, I lived in an efficiency ("studio") apartment. The lease gave me two parking spaces. The management company tried to take away one of the spots when it was apparent that I only had one car. When I pointed out the stipulation in the lease, they immediately backed off. A friend of mine who commuted from out of town used the spot (my "off campus" apartment was closer to campus than 2/3 of the on campus housing :)

Answer 5

He has no right to tell you that.

"my landlord accused me of allowing a 4th person to live in our 3 person apartment."

He can accuse all he wants. Doesn't mean you have to listen to him. The only problem you might have is if your lease restricts the number of times someone can stay overnight per month.

"Doesn't my roommate own that spot, not him?"

No. He owns the spot. He rents it to her. He gave up his rights to use the spot and to control what gets parked there when he rented it to her. The spot is for your roommate to park or not park whatever she wants there as long as she is renting it.

"Now he wants the car gone"

Too bad for him. If he wanted the spot, he shouldn't have rented it out.

Stop getting in stupid conversations with your landlord, ie "he doesn't use any of our appliances or take showers". That is none of his business.

""I know what you're doing in there."

Ask him to use his psychic powers to give you the numbers for Friday's Mega-Millions drawing.

Answer 6

You could easily sue your landlord for violating your constitutional rights. "freedom of choice". My landlord told me I must remain single to live in my apartment. when I got married my landlord told me my wife could not live with me. If she moved in I would be evicted for violating a verbal agreement where as I must remain single. I moved my wife in and got evicted. I fought the eviction and lost. So I sued my landlord for violating my constitutional rights. After 6 yrs and many appeals, all the way to the highest court, my landlord was forced to pay $550,000 dollars. I won the case, but my landlord did not want to pay me. I seized the landlords car, and put a lien on the property because the complex was up for sale. I finally got my money from landlord and took the lien off. The us constitution says you have a right to practice a lifestyle as you see fit. This means you can choose to remain single or get married. No one has a right to dictate your constitutional rights.

Answer 7

Get your own place, and take your deadbeat boyfriend with you.
Seriously, what does your lease say? Nothing, because you are, as you say, at will.
Your landlord can tell you to move tomorrow, since you don't even have a month-to-month lease.
If your roommate pays for the driveway spot, the landlord should work it out with him/her. But, your boyfriend has not more right to it than do you.
Contact the Peoples' Court, I would love to see you get your comeuppance on TV.
Grow up.

Answer 8

Most landlord do not like overnight guests because it raises some of their costs. If you want to spend so many nights with your boy friend why not get a place with him?

Answer 9

Your landlord owns everything.
He sounds like an ***.
Move when your lease is up...if you feel your relationship is solid enough, you could live with the boy friend and save some money....if he is really high post consider marrying him

Answer 10

I would give you a notice to move asap, when people are coming and going on a regular basis it makes the unit look bad. When a unit has allots of traffic, most of the time something is going on that is illegal. Make sure that you are not getting yourself into something that you will regret later on.