Re: Extra monthly fee for extra person visiting 2.0

Re: Extra monthly fee for extra person visiting 2.0 by AJ (NJ) on March 24, 2017 @23:27

Hi G,

By all means, I gain nothing by taking advantage of the LL. I understand integrity, as I was raised. She's stayed over at most 2 times a week. She most definitely does not live with me. She has no extra set of keys to the apartment. As stated before she has her own place, and has to go to work near her house, so it really is just the night over every now and then as normal couples do. I've also asked if weekdays were not allowed, are weekends allowed to have her over, and he stated the same guest is only allowed 7 times for 365 days.

I'm not trying to overstep boundaries. I have no criminal history, a steady job, and all around just a netflix on the couch kind of guy. I've rented many times before, have never had to encounter this stipulation, a stipulation I will take more seriously next time. I'm merely trying to understand my guest rights, because its only been 4 weeks here, and already I'm encountering getting charged without having actually broken the agreement which states 7 days at least.

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Re: Extra monthly fee for extra person visiting 2.0 by Garry on March 25, 2017 @00:52	[ Reply ]

Again, you are trying to come up with every excuse in the book to "reword" your lease to make it conform to your particular situation. Don't you think your LL has that clause in the lease for a REASON ? There is a BIG difference between a "GUEST" staying over a few days per year, and someone whom the LL does not know, LIVING in his/her rental on a MUCH MORE regular basis. In some states, a person is considered a RENTER by their LL/T laws, if that person has been there more than 30 days. Once they are considered a RENTER by the state laws, the LL must use the court system if they want that person out. It is really hard to remove someone, whom a LL does not have any information on, such as your GF. I'll give you 1 more piece of advice. NO LL likes it when a tenant tries to pick apart their lease to make it suit the tenants "wants". And a LL especially HATES it when a T tries to tear apart a lease, using "legalities". For the most part, most leases usually conform to a states LL/T laws, because if they didn't, the LL would lose his/her case every time they went into court against a T. Your attitude is actually one of the reasons that I only offer my tenants M2M leases, starting from day 1. So if I don't agree with my T on something I can simply give them a 30 day to move. If you just started your lease this March, and you ALREADY disagree with your LL, think about what its gonna be like till the END of your lease. If you want to know your "rights", look up your states LL/T laws, and read them as though you were cramming for a college finals test.

Re: Extra monthly fee for extra person visiting 2.0 by Anonymous on March 25, 2017 @02:37	[ Reply ]

Please disregard G's lecture. Your landlord would have to prove in court that the lease clause was not overbearingly restrictive. The landlord would need to prove that your girl friend indeed was there 24/7 for seven straight days, which would require surveillance for the entire period. A very high hurdle to legally prove. Many landlords have lease clauses that are against public policy which they try to intimidate tenants with. In your case, you would need to inquire about guest policies at other rental properties to see what the norm is about having guest. Your landlord would likely in the end non renew your lease by retaliating against you for enforcing your rights as a tenant. Something that could lead to being discriminatory. The best solution is to show your landlord proof that your girlfriend has a place of her own and work out some mutual understanding for visits. If the landlord is charging extra for having a guest, that is something a judge would likely disallow, as rent is based on size of rental and not the number of occupants. Talk with the landlord, explain that you understand his/her concerns. If no go, be prepared to give notice that you will be moving at end of your lease. This landlord does not deserve your money. Let him/her suffer a loss of income trying to find another tenant.

Re: Extra monthly fee for extra person visiting 2.0 by P-Bone (OH) on March 27, 2017 @14:05	[ Reply ]

I disagree. I used a similar clause in all my rental agreements to avoid this type of situation. A guest, with any consistency, could easily be seen as having that residence as a second residence. When signing rental agreements, I screen and approval adults based on a set of criteria. Unless they are bringing in a relative that I cannot deny based on housing laws, I am well within my right to both cite the tenant for noncompliance, assign the agreed-to fee stated in the lease, and/or terminate for noncompliance/failure to pay additional costs. Anyone can easily set up a secondary residence and it's in the landlord's best interest to protect his/her investment by knowing and screening all adult residents.

Re: Extra monthly fee for extra person visiting 2.0 - Landlord Forum thread 351307