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Refusing an Occupant's Overnight Guests

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Refusing an Occupant's Overnight Guests

Postby EmpyreanDraco » Thu Oct 24, 2013 9:55 am

Hello Tenant.Net Members,

Myself and my friend (D and J, respectively) are tenants on a one-year lease in a three-bedroom apartment. We had a third person (will be referred to as R) who wanted to live with us but wasn't in the US at lease signing, so she's just listed as an occupant on the lease (though she's paid the full year up front like us).

After a couple of rough months, R has decided to leave November 1st, we're getting a new person to move in and pay her year's share of rent month-to-month, and her dad is flying over from the UK, allegedly to help her move. I say allegedly because amidst the disagreements we've had, the R's dad has called myself and J multiple times over the last few days and even went as far as to visit J's parents' house overseas. J's family's information (address, phone number, etc.) are unlisted for government security reasons, so J and her family are very concerned about how this guy got their information and I'm worried about what he might be capable of while he's here. He claims he only wants to help R with the move, packing boxes and such, but he plans on staying for a full week before she moves, and so we, as tenants, are worried about what this guy might do while he's staying in our home.

Is there any way for us to legally deny an occupant's overnight guests? I'm okay with him being there the day of the move, but I know myself and J would feel better if he was in a hotel the rest of his time here, which he's refused to do.... this is sort of emotionally distressing, but I don't know if I can legally claim harassment or intimidation.

Help!!
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Postby TenantNet » Thu Oct 24, 2013 10:54 am

First, I'm pretty sure that paying an entire year's worth of rent to the landlord up front is illegal. Did all three of you do that? When I hear something like that, red flags go up and most likely the LL is engaged in any number of illegal schemes. Do you know if the unit should be rent regulated and maybe was deregulated illegally?

Now, whoever is on the lease has decision-making authority on most issues. If that's D&J only, then that's the case.

As I understand your post, R is leaving and R's father is coming over to help pack up boxes. That seems very strange. It is also improper in our opinion for R's father to pressure you or your parents. But I gather all three of you are probably still on the young side, make students. So parents are still in your lives to some extent.

As for staying in your home while he's here, I suspect if he can pay to fly in from overseas, he can probably afford a hotel. You don't say it's an over-crowding issue.

Normally it is entirely legal for tenants to have guests for up to 30 days without needing the LL's consent. Even beyond 30 days tenants generally can have guests as well. In this instance, R is your tenant and is allowed to have guests within reason. I would say a 7-day stay is within reason.

All you've indicated is that you are a bit worried because he visited one of your parents' home. He's not made any threats or become violent, has he? Have you asked him to stay elsewhere?
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Postby EmpyreanDraco » Thu Oct 24, 2013 12:30 pm

No, no, that all checked out fine (nothing illegal). The full-year up front was asked of J and R since they're international students and so, had they left in the middle of a lease, there would be no way to track them down. Every broker I spoke to and even housing assistance agencies said that was normal. I'm a US citizen so I just pay six months at a time (prefer it that way, personally).

We are all students in off-campus housing, but the three of us were dealing with the situation of one of us moving out ourselves and finding someone else to take up the lease on our own. We never consulted with our parents on this, and as adults (mid-20s), we were taking care of things as quickly as possible. R's dad seemed to think things weren't moving along quickly enough, so he went to see J's parents and tried to convince them to pressure J into moving things along, which wasn't cool. I mean, just showing up at someone's doorstep (who's residence isn't in the public domain... we still don't know how he acquired that information), is very worrying. Of course, this whole visit happened in the UK, but now he's coming here...

I understand that R may need support and help with moving out, but myself and J are not comfortable with his presence for a full week before she leaves, and as tenants, we wanted to know if we could deny R (who is an occupant) to have an overnight guest. We've asked him to stay in a hotel or other accommodation, but he insists he can't afford it, despite having the money to fly over here... can we call the police if he shows up at our door? Is it legal for us to deny he stay with us?
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Postby TenantNet » Thu Oct 24, 2013 1:17 pm

You may prefer six months, but I'm pretty sure that's illegal as well. And I understand the rationale for the international students, but I don't know if that makes it legal.

I don't know what "moving along quickly enough" means (don't explain it), but IMHO that doesn't make it OK for the dad to interfere. From what you said, your parents have nothing to do with your rental situation. I could accept that for 18-20 years olds, but mid-20's the parent's should be out of the picture. All that has nothing to do with any legality or not, just an observation.

I gave you my legal take in my previous response. I think it's legal for any one of you to have a guest as long as it's reasonable length and doesn't impact the other residents.

But for what is "proper," it's up to you to decide if you want to make this parent unwelcome. But you have to consider the overall situation. I understand you may feel uncomfortable for a week, but it might be better to avoid confrontation. I don't think the police will do anything (or should do anything).
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Postby Emeraldstar » Thu Oct 24, 2013 11:12 pm

Hi All
Just my take...if my child moved out of the country & paid one year of rent up front, then for whatever the reasons has to move with your blessings no less, I certainly would help them. Apparently there is money owed back for one & an overseas failure in roomating would concern a parent. I suggest you get together what ever the remaining monies owed is & show good faith in the form of a money order or bank check. That's probably the #1 reason he's coming & 2nd so they ensure child finds a sutiable place. They may even have to cosign. You want them out so don't make waves for only a week.
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Postby 10ants » Tue Oct 29, 2013 1:51 am

TenantNet wrote:You may prefer six months, but I'm pretty sure that's illegal as well. And I understand the rationale for the international students, but I don't know if that makes it legal.


It would be illegal for r/s, but not for free market. I actually did this when I was a student -- I needed a place ASAP after returning from a job, so I offered to pay 4 months upfront if they'd skip the credit check. Saved me two nights in a terrible motel, so it was worth it.
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