Help Please! Do Apartment Dweller's really have rights?

[VelvetGloves]

Good afternoon!

Thanks in advance for any answers. Let me start off by saying I'm from the great state of Pennsylvania, and I'm having landlord issues. Before signing our lease, I asked the landlady if we were allowed overnight guests. She said sure, no problem. Two weeks later, we had two friends over. They stayed overnight, but no one caused any problems. She noticed their cars and told us we couldn't have overnight guests. She claims she never ok'd overnight visitors.
I have since this incident scanned our lease, and there is no mention of overnight guest policy one way or the other. I am having trouble finding any information that answers my question, so I was hoping someone in the wonderful Dis community might be able to help me out. I just need to know if anyone knows anything about overnight guest policies in general. When does someone stop being a guest and become a tenant? What rights do I have? My brother likes to come up and stay a few nights a week to hang out and so he doesn't have to drive home sometimes. Any info is so very much appreciated!

Thanks in advance again!

VelvetGloves

 

[Briar Rose 7457]

I assume this is an accessory apartment in the landlord's house? or a small multiple-unit building that your landlord lives in?

generally once you lease an apartment it's yours do do what you want, so long as you comply with the lease and any reasonable rules established by the landlord. in some areas you're also governed by zoning laws, or laws concerning multiple dwellings.

without knowing all the details, my impulse is to say that legally you're entitled to have overnight guests.

as a practical matter, though...

let's just say that I don't like living in close proximity to my landlord. I turned down an apartment once because I knew the landlord's wife would be in my business, and a friend and I moved out of another apartment because of the landlord.

 

[VelvetGloves]

The apartment I live in is a house that has been remodeled into multiple apartments. The landlord lives in a town about fifteen minutes away, not in the same building. Mainly, I panic at the thought of breaking a rule. I don't want my landlord to evict me after I have paid a ton of rent. Thanks for the reply, Briar Rose...makes me feel better.

VelvetGloves

 

[Rajah]

In the two apartments I lived in, you could have overnight guests for one night. If they stayed more than one night, you had to register them at the front office, but they could still be approved. If they were going to stay more than something like 2 weeks, they had a different status.

 

[Beauty]

We lived in apartments for the first 9 years of our married life and I have to say I never thought about this. When my best friend got divorced she lived with us for about a month. I have never ever heard of anything like that here. As long as the rent is paid ontime, the apartment is just like your home. Now maybe if a ton of people moved in and it was disturbing the neighbors that might be an issue but as long as there is no noise and the rent is paid it never mattered.

 

[RUDisney]

I would never have thought to ask a landlord about overnight guests. If I was renting a place, I'd figure that I can do what I want in it that's not illegal and doesn't damage the property. IMO, if the lease doesn't prohibit this, she doesn't have a leg to stand on in prohibiting you now to have or not have guests. This, however, doesn't mean that you'll have a good relationship with your landlord anyway. You're in a pretty good catch 22.

 

[BrerMom]

When we lived in an apartment, we had out-of-state relatives stay all night with us multiple times. I never even considered having to ask for permission. As long as it's not any noisier than usual and it's obviously just a visit, I'm not sure why she'd complain.

 

[MICKEY88]

my attorney offered the following thoughts on the matter...off the record of course....Relying on the statements of the writer: find it hard to believe that any court would find that a renter could be denied overnight visitors without that being explicitly spelled out in the lease. Only problem I see would be if the overnight guest stays over for such a long period of time that they are, in reality, tenants. However, a few days would not reach that threshold. Also, the landlord had given permission prior to the guests staying--makes the tenant's case even stronger.

I doubt the tenant wants to litigate this issue. Best advice--go to the landlord and try to resolve any problems before his/her living situation becomes intolerable. Maybe the landlord was upset due to the guest parking somewhere where they shouldn't.

 

[AnnMorin]

He says the following-
you can not be evicted nor can the rent be raised.
HOWEVER to keep on good terms with the landlady you could inform her if you are having extended guests. If the lease says nothing about guests -they are out of luck in court. Now if it does than you need to abide- just like some leases say no pets than the landlord is within the rights to take action. BUT if it is not in the lease they have no action.

 

[VelvetGloves]

Thanks for all the answers. You guys really are great. I'm getting a book from the library tomorrow about renter's rights, and I'm hoping that will add more insight. As it is, we've tried talking to the landlord, but he insists we can't have overnight guests. I don't think he can litigate due to the fact that it isn't in the lease in any way, shape, or form. Also, the visitor is my brother. He tends to come up once a week for two or three days. I don't make it home often, so he's my link to home. I don't know if that has any bearing.

VelvetGloves

 

[wvjules]

I think if he's staying 3 nights a week, he should be considered a "part-time" tennant if there is such thing. An occasional overnight guest is one thing, but someone that spends multiple nights there EVERY week is another, IMO>

 

[bambii]

a week, but for them to park without being towed you need to go get them a parking pass.

 

[Michelina]

Another thing to consider is if the landlord is responsible for any of the utilities? If s/he is, then an extra person staying 2-3 nights every week would make some difference with regard to water and gas or electricity.

 

[ripleysmom]

A couple of thoughts......


If you're not sure, consult the JP in your town. They can probably answer that question for you.

Make sure this is a war you can afford to lose. What I mean by this is that, while you will probably win the battle regarding overnight guests, your landlord can reserve the right to refuse to grant you a new lease when it comes time to sign one. Stop a minute to consider if you want to move when your lease is up.

 

[mtemm]

I agree that if he is staying half the week there every week he is starting to look less like an overnight guest and more like a tenant.

 

[pumba]

we allow over night guests or visitors.....but the max is not over a week....other wise it isn't a guest but a roomie.....

now we are not renting anymore.....just us ......that way we do not have any more problems from tenants.....

ask your landlord......some just want you to know that guests in apartments put water meters up.....the electric....gas....especially if they stay long term.....one of our tenants worked nights......so she let someone stay nights and while she was sleeping days....her FRIEND was working ..sneaky sneaky

 

[RUDisney]

One of our friends had a tenant for whom he was paying the utilities. He didn't flinch the first time he saw her son coming over to do laundry, but after it became a habit and the son's friends also started to bring over their laundry, he told her that she couldn't have anyone over to do laundry anymore. His water and electric bills jumped significantly because of all of the added use. He was lucky that she complied, as it wasn't in her lease, but he made sure to add it into every lease after that, for any and all tenants.