When a landlord leases his/her property, most of the day-to-day rights are transferred to the tenant. Whereas the landlord remains the owner. It means that the tenant can decide who can come or move out of the rental unit. But the things the guests might do, the tenant will be held responsible for that. Landlords may prohibit guests if it is mentioned in the agreement or they are living in the same unit. And the question arises that Can a landlord prohibit guests?
Lease Agreements –
Most of the lease agreements do not have clauses regarding the prohibition of the guests, which may be an issue in the future and can cause conflicts between the landlord and the tenant. Mostly, there are no rules for stopping the guests from coming. It mostly depends on the tenant to allow them or not. But in case, the landlord lives in the same apartment, he might impose some restrictions for the same.
If the landlord has clearly mentioned the prohibition of guests in the unit in the agreement. The tenant has to either agree to the terms or has to find some other place, where they can get their type of lifestyle. In case, you have signed the agreement without reading it carefully, the debt is of the tenant. It’s his/her choice to stay in the wrong place or move to another place.
The landlord cannot prohibit the guests when they are not living in the same unit, unless and until the landlord must have a legal reason against the tenant or has a solid purpose for the same. The landlord should move with caution in these types of cases. This may lead to filing a lawsuit against the landlord for acting rashly and unconsciously.
Yes or No?
The answer to the question that can a landlord prohibit guests is NO in most cases. The exceptions are found everywhere, sometimes, there may be some rule and regulations that are made by the landlord part of the property agreement, in which the tenant cannot break the rule. If the property is misused or involved in illegal activities, the landlord can move the tenant and the guests out.
States have different rules for can a landlord prohibit guests-
Different states have different landlord-tenant rules. It is necessary that the tenant keep himself/herself updated with these rules and local laws before inviting a guest without the landlord’s permission. Mostly all states allow a landlord to set up reasonable guest limitations and rules for the entry of the guest at the tenant’s rental unit. Might possible, some states allow a certain number of guests while others may not and a landlord prohibit guests.
The agreement should cover the following:
- Period for how long, the guest is going to stay.
- When the guest can become a tenant?
- No. of guests allowed at the unit at a time depending upon the size and proximity of the property.
- Can guests use the common areas and their limitations?
- Any violation done by guests, the tenant will be held responsible.
Better relationship between the tenant and the landlord?
This can be done by having transparency and mutual contact. The tenant must inform the landlord before any visitor arrives. Just like other people, the tenants have little right to enjoy freedom, privacy and to meet their family members. Tenants to have a legal right to invite the guests and the landlord cannot ask them who the guest is and for how long they will stay. In case, they live for a long period, the landlord and the tenant must discuss the legal agreement made and solve the issue.
Avoid conflicts with the tenants?
- The clauses and rules that are made by the housing committee must be shared with the tenant by the landlord openly.
- Tenants and their relatives must follow the rules and regulations of society.
- Both sides of the party should agree on the rules. The neighbours should not be disturbed.
A way to keep a check that the guests are not causing problems is to keep property scheduled checks or reviews that can be maintained weekly, monthly or yearly as per the landlord’s wish.
While checking, make sure that –
- Signs that someone is becoming an illegal tenant.
- A sign that the guest has damaged the property.
- Any parking violations by the guests.
Common Problems found by the landlord-
1. Lot of noise due to loud guests and causing a problem to the neighbours.
A notice can be given to the tenant in order to ensure that the trouble is caused and solve it at the earliest.
2. Suspect that guest is dealing with drugs-
In this case, you may take the help of the local police. The landlord cannot directly accuse the tenant but he/she can make sure that illegal activities are not taking place in the rental unit.
3. Pets of the guests are causing troubles-
The tenant has to talk to the landlord if the guests violate any rule against the agreement. Tenants must ensure they or the guests do not violate any rule.
4. The guest staying for a long period-
If the guest is living for a long period, the landlord can add him/her to the lease agreement or evict them for staying illegally without any agreement with them.
Keep things clear and easy to prevent a landlord to prohibit guests-
The best thing to avoid any conflicts between the landlord and the tenant is to keep things clear from day one. The agreement should include any guests rule or limitations and make sure the tenant is aware of that. Communication between both of them makes the situation easy to handle.
