Profile picture for spydermonkey

Can a landlord tell a renter that no one can spend the night in your apartment?

  • January 25 2011 - US
  • 0Yes

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Answers (6)

It is illegal for management to not allow an individual any overnight guest(s).  As a tenant you do have civil rights and are able to have overnight guest(s).  Your complex may have rules where you have to inform the management or owner of any overnight guest(s) though. 

As a safety factor, it is always best to inform your management/owner of any overnight guest(s).  This serves two purposes; 1 - it shows that you are willing to work with the management/owner along with the rules of the complex, 2 - in the event of a fire or emergency the management/owner can inform the proper personnel as to how many individuals are inside a unit.

One of the best suggestions that I can make is if you are still unsure about this issue; please contact your local housing authority to inquire or your local police department.  But please be mindful that not all officers are aware of housing laws/issues.
  • November 07 2012
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Profile picture for caterichmond
Before a tenant signs a lease know your state statutes.  Leases can restrict a renter from allowing another person to remain on the premises for more than 2 weeks; after 2 weeks they can be considered a tenant and subject to pay rent (if your lease is worded like this).  As far as I know, it is illegal for a landlord to restrict guests to a property that is rented by their tenant (even if they spend the night).  If this is truly the case and you have not omitted something from your question; you can call fair housing organizations and report them.  If you are trying to avoid paying additional rent because you have allowed a friend to move in and share space; you have no standing in a court of law if your lease reads otherwise.  I did this for over 30 years and I know the tricks.
  • January 25 2011
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A direct answer is yes. However, enforceability is a different story...
  • January 25 2011
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Profile picture for wetdawgs

In most states a landlord can put that restriction in their leases.    It does seem harsh for it to be for a night or two, but it does make sense that they don't want a long term "guest".

Most states have a toll free number that you can call about landlord/tenant issues.   You can usually find it easily by putting landlord tenant law into your search engine,

  • January 25 2011
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Review your lease wording and I suspect the overnight issue is one that is continuous which means that person now lives in the landlord's apartment
  • January 25 2011
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Profile picture for sunnyview
Many leases have a guest clause that say that guests staying over a certain amount of time like more than 3 days have to get written permission from the landlord. This is put in leases to prevent the tenant from moving someone in that is not on the lease that would have to be evicted by the landlord as a legal "resident".

No overnight guests sounds a bit extreme, but I do not know if it is illegal. You could try asking an attorney on avvo here or a local tenant rights organization would also know for sure.
  • January 25 2011
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