I have2 land lords and1 says that someone can come over and the other 1 says that he can’t, who do I listen to?

UPDATED: Oct 10, 2011

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I have2 land lords and1 says that someone can come over and the other 1 says that he can’t, who do I listen to?

My parents rent out the upstairs apartment in their house to me and some friends. My dad says that 1 of my friends can’t come over to visit and if he sees him he’ll be trespassing. However, my mom says he’s allowed over. Who should I listen to?

Asked on October 10, 2011 under Real Estate Law, New York


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If you have a written lease for the premises you are occupying, you need to carefully read its terms in that it controls the obligations owed to you by the landlord (parents) and vice versa in the absence of conflicitng state law. Most likely there is no written lease with your parents.

Under the laws of all states in this country, absent a written document stating to the contrary signed by the landlord and tenant, the tenant is allowed to have whomever he or she wants over at the rental so long as the guests behave appropriately. Consequently, your father landlord has very little if no say at all as to who you can have over at the unit you are renting from him and your mother.

Answer: Listen to your mother. You have the law on your side.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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