Rent By the Room - Overnight Guests Policy?

Question

Hello. I have aquired my first rental property and am renting out three rooms within it individually.
The house was advertised as a "safe space for women" meaning: no overnight guests (boyfriends, etc) which IS written into the lease agreement and was agreed to by all parties.

All three women signed the lease agreement. However, I am now receiving complaints that one of the renters is violating the agreement. The renter in question who is violating the agreement claims that these visitors are not "overnight guests" rather, they are just visiting temporarily between midnight and 4am.

It is causing some tension among the renters and I am not sure what my legal standing is as I did not clearly define what an overnight guest was in the agreement. If I could do it over I would reword the policy to include visiting hours but at this point I am looking for some advice.

Can I tell the offending party that she is in violation of the policy even though it may be ambiguosly worded?

Ron Brady · Answer

The resident is violating the policy. We'd inform her that it needs to end effective immediately or that she will need to move out.

Not quite knowing your details, here's language we might use:

"Following up on our recent conversation, we have concluded that your 12am to 4am visitor violates our lease's no overnight visits provision. Accordingly, we ask that you cease these visits effectively immediately. If any visits happens from this moment forward, as a lease violation, we would no longer be able to have you live in the home."

We'd share this first in a conversation, followed up in writing.

Best wishes to you.

Colleen F. · Answer

@Shawn Blackwell Define overnight guests for her in your fashion. They don't have to stay until morning.  Or if she is month to month give her notice.

I usually have in the lease something about rules and policies for common areas which may change from time to time. You can do something similar for guests. She is interfering with the quiet enjoyment part of the lease for other tenants, that should cover it.

Greg Miller · Answer

@Shawn Blackwell

Well geez, I guess everybody has to get super specific like no guests between midnight and 6am. Then it’s boarding on restrictions that are difficult to enforce and horrible to uphold.

That is a tough situation.

Corby Goade · Answer

This is exactly why renting by the room is always going to be a nightmare. You're not an investor, your a referee for adults who can't get their lives together.

If your lease says no overnight guests and you're concerned about the definition of "overnight," let the judge decide. Give the tenant a 3 day notice and file for eviction.

If you don't, you might end up in court anyhow with the other two tenants saying you aren't upholding the lease.

Best of luck.

Rent By the Room - Overnight Guests Policy?

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