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Re: Extra monthly fee for extra person visiting 2.0 - Landlord Forum thread 351311

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

                              
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.
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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.

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