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How Enforceable Is a “No Overnight Guests” Clause in a Lease?

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Joe Escalante, Attorney

Signed a year lease (generic form), because of options and time crunch (closing of home vs. finding an apartment who accepts pets). Landlord’s daughter had handwritten on the lease that I cannot have any overnight guests. Please tell me how enforceable by the landlord this is (I’m a 45-year-old woman, not a teenie-bopper). If my cousin or boyfriend for that matter is too tired to drive home or the weather is bad out, I have to tell them, “Too bad, take your chances?” I am paying monthly to live here and no one is overstaying their welcome or moving in with me.

Thanks Joe, tell me something good—

– Cathy Frusciante


Barely Legal Radio w/ Joe Escalante

From the circumstances you’ve described, I would say that would be hardly enforceable as a material breach if the overnight stay was reasonable as you described.

What you might do is declare in a letter that sometimes you have overnight guests in emergencies and you do not consider that a material breach of the agreement. If the landlord writes back objecting, then fight it out, but that probably won’t happen.

Your landlord will most likely ignore it, or tell you it’s OK. Either way, you are going to be fine. An ignored written notification will be good evidence against her if she ever tries to evict you for it.

Attorney Joe Escalante answers your legal questions for free on our Facebook page every Tuesday and Friday at 10 a.m. PT.

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February 3rd, 2014 at 2:59 pm

Posted in Legal News

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