Can a landlord restrict or limit guests to a certain number of days?

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Can a landlord restrict or limit guests to a certain number of days?

My boyfriend has his own lease at another location but spends most nights at my apartment. There is a clause in the lease that requires permission from landlord if the guest stays over 72 hours. It does not define the 72 hours as consecutive or within any other period of time like per month. We think the clause is in violation of state law but cannot locate a statute pertaining to this.

Asked on October 22, 2012 under Real Estate Law, Vermont

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

No, such a clause is NOT against state law: it is perfectly legal for a lease to restrict a tenant's ability to have guests.

Most courts would normally construe the 72 hour limitation as preventing not only 72-consecutive-hour stays, but stays that violate the clear intent of the clause, which is to prevent a tenant from effectively having people living with her (as opposed to occasional guests) who are not on the lease. So, or example, if your boyfriend is there 5 nights a week--2 nights; then a break; then 1 night; then a break; then 2 nights--most courts would conclude you are in violation of the provision limiting overnight guests.


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