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During A FREE Consultation
Can your landlord stop you from having overnight guests?

Can your landlord stop you from having overnight guests?

On Behalf of | Nov 11, 2021 | landlord-tenant disputes |

What you pay to rent property in New York would likely be enough to afford a mortgage in many other places. The need for flexibility and the prohibitive prices of residential real estate in New York make even high-earning professionals decide to rent.

When you rent a property, the landlord can place multiple restrictions on how you use the space. They might prohibit you from smoking in the unit or impose a fee if you want to have a pet. It is also common for landlords to limit or even ban overnight guests. Is that legal?

Your lease determines what rights you have at your rented property

New York law requires that tenants disclose the accurate number of people who will live in the property to the landlord when signing a lease. Even children who do not contribute toward the unit’s upkeep or finances are part of that tenant count.

Landlords need to know who stays at their property for their protection. After just 30 days, they might have to evict an undisclosed tenant if the landlord doesn’t want them on their property. Many landlords protect themselves from that situation by placing restrictions within the lease about overnight guests.

It is common for landlords to limit tenants to having someone only stay one or two consecutive nights without getting permission. Leases often require that tenants notify their landlord in writing of any extended-stay visitor. Some landlords may have terms in their lease that forbid any overnight guests. The terms of the lease ultimately dictate what a tenant can do and what actions the landlord can take.

Knowing your rights can help you protect yourself when dealing with a landlord-tenant dispute about a potential or current overnight guest.

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