Outline of Tenant Rights for Visitors

Tenants do have a right to entertain visitors at their rental unit.

Even so, there are certain stipulations that can be put on that right.

  1. How long a visitor may stay without either being required to pay rent or face an eviction.
  2. How many visitors may be on the premises at any given time.
  3. What type of visitors may be allowed to stop by.

How these visitors are treated is based on the reasons why tenants are having someone over.

Here is an overview of each visitor category.

1. Family, Friends, and Couch Crashers

Most landlord-tenant laws allow landlords to stipulate which specific people will be renting the property.

If someone is staying there as a visitor for more than 30 days, then they are typically awarded tenant rights even though they're not on the lease or rental agreement.

That's why many leases require all visitors to stay for 14 days or less.

In some jurisdictions, this time for visitors may be restricted to just 7 days.

2. The Party That Goes Deep Into the Night

The number of people that may visit matters based on the amount of people a structure can hold safely.

A tenant might be able to fit 40 people in their studio apartment for a party, but if the fire codes specify the maximum occupancy at just 5, then the landlord has the option to find the tenant in violation of their rental agreement.

Some landlords are able to stipulate a specific number even without an occupancy inspection.

Keep in mind that if there is a party going on, noise requirements can be violated even if visitation requirements have not been violated.


3. The Professional Visitors

There are different types of visitors that may stop by a rental unit as well and this restriction must often be in place because of zoning requirements.

An apartment unit, for example, is not typically zoned to be providing salon and nail services.

Landlords generally have a right to restrict visitors who are customers of a home-based business.

Freelance and digital work, as long as there are no customers stopping by a home, are typically allowed at a landlord's discretion and what local zoning will permit.

Visitors are allowed at a rental unit, but they aren't allowed to outstay their welcome.

Sometimes a visitor can even be grounds to start a full eviction.

For specific questions about your situation, be sure to check with your local landlord-tenant laws.

Posted on Sep 09, 2015


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