Lease Spells Out Rules on Guests
When you invite a guest to stay at your place, are you inviting trouble as well?
Most leases have specific rules regarding guests, which, if ignored, can have an impact on your pocketbook or even prompt an eviction. Lease language about guests can vary from requiring registration of visitors with the landlord to charging an extended-stay visitor.
Guests are usually defined as any person who stays beyond a designated number of days, varying from 10 days to four weeks. The number of guests allowed is also specified in most leases.
Why does your landlord care if you share your place? Because guests can turn into permanent residents, and anyone who resides on the property has to be screened and pre-approved. Just because you think someone is terrific doesn’t mean his or her credit and personal history are, too.
Another concern regarding guests is the other residents. Neighbors like to know who is living in their complex. For safety and security, guests are prohibited or are often limited to a length of time they can stay.
Recently, I received an e-mail from a tenant who was alarmed by a stranger using the laundry room. “I struggled to find a great apartment, and now this guy is here without anyone knowing who he is,” he wrote.
Even though tenants are granted exclusive use of the facilities as specified in their lease, their guests usually are not given the same rights. Further, if a guest causes damage or injury, the tenant may be held responsible for the guest’s actions while on the property. Another landlord concern is illegal subletting. Sometimes a guest moves in and the original tenant moves out.
How can you be evicted for just having a guest? Because an illegal guest who hasn’t been approved by management may be a violation of your rental agreement and violations lead to citations.
In this case, the citation could be written notice from your landlord to correct the violation. Usually the letter is called a Three-Day Notice to Perform Covenant or Quit. A covenant is defined as a “binding and solemn agreement between two or more parties.”
Because the covenant has been violated, you will be put on notice to remedy the problem. At that point you can either approach the landlord about allowing your guest to become a resident or toss the guest out. Like an umpire, if the landlord says “out,” then your guest must indeed leave. Exceptions do exist, such as in Santa Monica, so check your locality for details.
If the landlord approves of your new guest, get all agreements in writing to confirm your new arrangement. Once an agreement is made, your rent may be raised for the additional resident, even in cities with rent control.
In Los Angeles, the rent-controlled units may be raised up to 10% for a guest, though minor dependant children are exempt.
Rent increases are arguably the biggest source of conflict between landlords and tenants. Because an additional resident uses more water and common area space and equipment, some local laws allow the owner to collect the additional sum.
What if your lease is outdated? Can you still be evicted? That depends on the city you dwell in, but evictions are not do-it-yourself projects. Whether or not you’re out the door hinges on several factors. If you are unsure on how to handle any notice from your landlord, especially eviction, consult an attorney for details. In most places, including cities with rent control, illegal guests are universally accepted as grounds for eviction though specific laws and codes vary from city to city.
For information, call the housing agency for your city.
My advice about guests? It’s best to get written permission from the owner first.
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H. May Spitz is a Los Angeles-based freelance writer. Reader comments may be sent to hmay spitz@aol.com.
