Can a daughter who rents a dwelling on her mother’s property, have her mother dictate who can visit and not visit?

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Can a daughter who rents a dwelling on her mother’s property, have her mother dictate who can visit and not visit?

Asked on December 31, 2015 under Real Estate Law, Massachusetts

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

IF there is a written lease which gives the mother/landlord a say in who does and does not visit, then yes, the mother has this right, because the daughter would have agreed to the term when renting.
Otherwise, the tenant, not the landlord--so in this case, the daughter, not the mother--gets to choose her visitors; when someone rents property, they gain control over it.
BUT, to complicate matters: you write that the dwelling is on the mother's property. If, say, it is a house, trailer, guest house, etc. on property owned by the mother, then while the daugher controls who is in the space she rented, the mother can control who is on her property; therefore, if the daughter's guests must cross property controlled by the mother to get to the daughter's dwelling, the mother can forbid them from doing so. If the daughter also rented the ingress to her dwelling (e.g. a driveway leading to her home), then the mother can't control it, but she can if the guests must unequivocally go across the mother's property not rented to the daughter, the mother can exclude them.


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