How long can tenant’s guest stay on premises?

How long can tenant’s guest stay on premises?

Member since 2023 · 48 posts · 14 votes

Good evening, I’m a landlord and considering tenants from section 8 and city fheps. I’m building out my lease and curious if I can put this in there.

The Tenant will be allowed to have visitors for a maximum of 14 days ONLY with consent from the landlord. If the Tenant’s visitors stay outside of the 14 days; Tenant will be charged an additional $50 every 14 days that the Tenant’s guests are staying in the unit.

Is this legal for me to do this?

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Member since 2024 · 10 posts · 3 votes
2y
Quote from @Ryan Brown:

Good evening, I’m a landlord and considering tenants from section 8 and city fheps. I’m building out my lease and curious if I can put this in there.

The Tenant will be allowed to have visitors for a maximum of 14 days ONLY with consent from the landlord. If the Tenant’s visitors stay outside of the 14 days; Tenant will be charged an additional $50 every 14 days that the Tenant’s guests are staying in the unit.

Is this legal for me to do this?


It is generally legal for a landlord to include provisions in a lease regarding the duration of guest stays and potential charges for extended visits. However, it is important to review state and local laws regarding landlord-tenant relationships, as restrictions may apply in certain jurisdictions. Additionally, it is recommended to consult with a legal professional to ensure that the provision is enforceable and compliant with all relevant laws and regulations.
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  • Member since 2024 · 10 posts · 3 votes
    2y
    Quote from @Ryan Brown:

    Good evening, I’m a landlord and considering tenants from section 8 and city fheps. I’m building out my lease and curious if I can put this in there.

    The Tenant will be allowed to have visitors for a maximum of 14 days ONLY with consent from the landlord. If the Tenant’s visitors stay outside of the 14 days; Tenant will be charged an additional $50 every 14 days that the Tenant’s guests are staying in the unit.

    Is this legal for me to do this?


    It is generally legal for a landlord to include provisions in a lease regarding the duration of guest stays and potential charges for extended visits. However, it is important to review state and local laws regarding landlord-tenant relationships, as restrictions may apply in certain jurisdictions. Additionally, it is recommended to consult with a legal professional to ensure that the provision is enforceable and compliant with all relevant laws and regulations.
  • Property Manager · Charlotte, NC · Member since 2022 · 138 posts · 87 votes
    2y

    Hey Ryan, what state is your rental in?

  • Real Estate Agent · Virginia Beach, VA · Member since 2012 · 2k+ posts · 1k+ votes
    2y

    Not sure on legality or if Section 8 even allows these type of additional charges in their agreement, but my lease states no guest longer than 7 consecutive days or total of 14 days in any 12-month period without prior written consent of landlord. No "guest" pets or pet-sitting of any kind for any length of stay. I don't have a charge if it's not followed; I'd just send lease violation. It does say I have a right to a reasonable determination of violation of length of stay and guest may be barred from premises by notice from landlord if violating laws, HOA rules or lease terms (like smoking). Not sure how it would hold up if challenged, but it does let them know I'm serious about it.

  • Real Estate Broker · New York, NY · Member since 2020 · 2k+ posts · 1k+ votes
    2y

    Hey @Ryan Brown - I personally would avoid any additional fees/charges on the rent as that can be disputed or simply not paid by the tenant. 

    What I would suggest alternatively is putting a clause in the lease that anyone above the age of 18 that's going to be living in the unit for more than 7 days has to be approved by the landlord and pass credit/background/income check etc. 

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