Can my landlord limit the nights my girlfriend can stay the night if there is not a guest policy clause in my lease?

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Can my landlord limit the nights my girlfriend can stay the night if there is not a guest policy clause in my lease?

Asked on September 17, 2012 under Real Estate Law, California

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Yes. Your landlord can limit guests if they stay so much they constitute living there. This is especially true if your landlord is responsible for utilities like electricity, oil, hot water, and trash services.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If there is no restriction or clause in your lease restricting guests, then you landlord should only be able to do this if your girlfriend is "disturbing the peace" (violating the right to peaceful enjoyment) of other residents, in which case he can serve you with a notice to have her cease doing this or face eviction; or if she otherwise committing some violations (which you, as the tenant who invited her, would be responsible for) which would constitute possible grounds for eviction, such as grossly negligently or deliberately damaging the landlord's property.


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