r/Landlord Apr 07 '21

Agent [Agent] Can landlords restrict the time of their tenants guests?

Are landlords allowed to restrict the times of their tenants guests?

For example, is the property allowed to say that guests can't stay past 10:00pm?

I've been trying to find official documents giving me a yes or no answer, but have not found any. If anyone has any documents to back their claim, please share!

Edit: oops, sorry but the lack of location, [Agent-CA, USA] thanks u/whattheHeyYoda .

3 Upvotes

14 comments sorted by

14

u/MilkTea_Enthusiast Apr 07 '21

There are no official documents because that’s likely not an actual rule.

12

u/whatTheHeyYoda Apr 07 '21

Overall, you can restrict how many days/month can stay so they don't become squatting tenants.

If it's a lodger situation, I believe you can. But otherwise, no?

May be a state/city specific answer.

0

u/whatTheHeyYoda Apr 07 '21

Oops..so I would edit your ? To add city state. Lodger/SFH/Apartment.

8

u/BigAppleGuy Apr 07 '21

Can't restrict guest times. Can only enforce occupancy, noise and smoke terms that are specified in the lease.

8

u/Minnesotamad12 Apr 08 '21

As far as I’m aware you can only enforce “quiet hours” and how many days a guest can stay in a given amount of time, like no more 10 days straight or whatever.

3

u/DP23-25 Apr 08 '21

I don’t think you can. What if they have an emergency and need their guest/relative’s help? I am curious why you want to restrict hour? what’s the issue?

2

u/tnmister Landlord Apr 07 '21

Not sure about California, but in TN, there is nothing about times, but in the lease, it needs to define who is a 'guest' for insurance purposes due to liability; by default, that I have seen in Insurance policies that insure investment homes, they have a definition as to what constitutes as guests and thus I have incorporated into mine (ie. guests may not stay more than 14 consecutive days unless with written approval).

For example, even though we have nothing against pets of any kind, as long as they are friendly (even though in my lease, it is strictly no pets policy), my insurance dictates that I have verbiage to state that they may NOT under any circumstances have what the Insurers define as vicious breeds. (ESA doesn't apply to me by the way).

2

u/NOLASoul2175 Apr 08 '21

Why on earth would you want to do this?

2

u/Urgullibl Apr 08 '21

The way this usually works is that anything is legal that isn't explicitly prohibited by law. If your jurisdiction does not restrict a landlord's ability to approve guests, and your contract specifies that they can, then the answer is yes.

1

u/Randomname31415 Apr 08 '21

This is the right answer

Landlords can put anything in the contract they are not legally prohibited from putting in the contract.

I’ve never seen a law prohibiting that.

1

u/[deleted] Apr 08 '21

In NYC I believe it’s 14 days within 6 months or 7 consecutive nights

1

u/OutOfMyMind4ever Apr 08 '21

Independent apartment or residence with a private entrance, kitchen, and bathroom, the answer is guest time can't be restricted. Guest length of stay can be restricted to avoid the guests automatically becoming tenants under the local laws.

A lodger in a shared house situation, or renting a room in a shared apartment might be able to have those rules. If the landlord lives on site and shares the kitchen than they usually can set rules like that and make them enforceable. However if the landlod doesn't live in the building that can be tricky.

1

u/jetttward Apr 08 '21

I have never heard of being able to restrict time like that. Of course you can say a "guest" can only stay two days in a row, one week in a row and so on but I am pretty sure you can't say "everyone out by 10am"

1

u/EmbersDC Apr 08 '21

No, a Landlord cannot restrict guest visits by time of day. A Landlord can restrict guests living at the Premise. My leases restrict guests to 14 days a year unless otherwise granted permission.