If my landlord is trying to tell me that I cannot have a guest in my apartment, is this legal?

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If my landlord is trying to tell me that I cannot have a guest in my apartment, is this legal?

I was sent a 14 day cure of breach of contract stating that im not allow anyone to reside on the premises without prior written consent, my boyfriend at time stays the night, he has his own apartment. How can she tell me that I can’t have people stay the night?

Asked on June 30, 2012 under Real Estate Law, Wisconsin

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If there is a written lease, then the landlord can only restrict guests if the lease itself states that the landlord may do this, or specifically provides some limit on occupancy, guests, etc. If there is such authority in the lease for the landlord to restrict your boyfriend, then the landlord may do this--such terms are enforceable if they are in the lease. If there is a written lease but no such authority for the landlord, it should not be able to. If you have a written lease, you could ask the landlord to point to or identify the paragraph or clause which it believes gives it this right.

If there is only an oral (or verbal) lease, then while the landlord cannot prevent you from having your boyfriend over, the landlord could give you 30 days notice terminating your tenancy, if the landlord decided that you were not a desirable tenant (such as due to having your boyfriend over often).


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