no overnight guests?

[akkdezyn]

What is the name of your state? CA

I'm subletting a suite in a private home from the people that rent it. I moved in on the 1st of Dec. 2004, and have a rental agreement. I have a separate entrance and share no common areas. Yet, when my boyfriend recently spent 3 nights, and I even emailed them on the 3rd night explaining the reason he was there, they advised me that I could no longer have any overnight guests, at all, or they "would have to find someone else" to rent the rooms. . This had come up once before and they agreed he could spend an occassional night.

I don't want my boyfriend to live here, yet it is quite inconvenient for him not to be able to stay at least once a week. Can they legally deny this? I am otherwise happy here, and I abhor thee idea of moving again. They have never rented to anyone before, and I'd like to keep a somewhat harmonious relationship with them. However, they seem to believe they can simply ask me to leave at the end of any given month. I believe that I can take up to 3 months, but I don't want tto use threats, or even necessarily leave at the end of that time.

Can someone please help me out with this sitiation?

 

[CA. LL]

What are the terms of your lease with regard to guests? Has your guest been a nusiance in the landlord's opinion i.e. noisy or something? If yes, have you received any written notices to comply? Do you have a fixed term lease or are you renting month to month?

 

[akkdezyn]

Thanks so much for getting back to me. I'm renting month to month, and the agreement only states "not to let or sublet whole or part for any purposes whatsoever without prior permission from the mgmt., and the number of persons to occupy said premises shall not exceed one wothout written permission."
The only noise we're guilty of has been when we've argued about him having to leave at night. The only times he is ever here are weekends and holidays. They did email the 1st time he spent 3 days, telling me it was not their intention to rent to a couple. I assured them that my friend was not to live here, yet they must allow a night over now and then. The 2nd time, after which they insisted no more overnight at all, I had emailed them, explaining I had been in bed with an infection over the weekend, and he was helping me out - and this was on a 3-day holiday weekend.

Can they simply decide to terminate the agreement since it is month to month? Or would I at least have grounds for some sort of suit or compensation? As I mentioned previously, I really don't want to move, but am not comfortable with confrontation.

Thanks again for your assistance,
Akk

 

[Born to Lease]

What does your Lease say about the number of days either party shall give as adequate advance notice of termination of Lease? I do not understand the "3 Months to Get Out" statement in your post. However if you are on a Month-to-Month Lease, with proper notice, either party can terminate the Lease at anytime.

If your Lease does not include any documentation of restricting guests, then refer to the LL/Tenant Laws to confirm whether or not this is acceptable. I understand the LL not wanting extended guests and I can understand the LL being uncomfortable with someone (to them, he is a stranger--they do not have any significant info. that would tell them whether or not your BF is a criminal, etc. & this man is after all staying in their home as well as staying with you), but I do not feel as though it is reasonable to prevent you from having a guest spend the night since the Lease does not state that overnight guests are forbidden, and on special occasions, spending several days/nights with you as long as you inform the LL in advance that your BF will be spending a "long weekend" with you. (I also do not believe you owed the LL an excuse explaining WHY your BF spent the night with you--JMO.)

Maybe you could approach the LL with a solution, one that would provide them with knowledge of "extra" persons being present in the home. Maybe 48hrs. prior to your BF's "visit" you would provide LL with information which includes your BF's full name, address, Driver's License number & Date of Birth with the date(s) he will be staying over night.

This goes without saying, but it is critical that you guys be considerate of the others who live in the home, and keep the noise level down to a minimum.

I have a feeling as long as they are notified in advance that another person will be staying in the home AND they have this person's personal information, and as long as they are in no way disturbed, they will be a little more tolerant of your having spend-the-night guests.

 

[CA. LL]

BTL,

Please read the original post. This is a sublease not an owner occupied home. It also appears to be an apt. with a separate entrance. Also, the notice to vacate is state specific and a matter of what's written per the language of the lease.

Writer,

They could supply you with proper written notice to vacate and will not have to prove 'just cause' if you should force them to file for an unlawful detainer at the expiration of the notice because you did not move out. Nonetheless, you wrote that you moved in 12/04 which is incorrect. Did you mean 12/03? If yes, they would be required to supply you with a 30 DAYS written notice to vacate. If for instance you moved in 12/02, they would need to supply you with a 60 DAYS notice to vacate. You may want to see what it is you can work out with them so they do not serve you a notice to vacate in the near future. Although, perhaps, you will decide this is not worth the hassle they are giving you and submit your 30 day notice to vacate?

 

[HomeGuru]

LL is rignt and T must follow. There is more to this story.

 

[akkdezyn]

I don't understand "...more to this story" - I am stating all the facts. I think what I need to know is how "occupy" is defined. Does that include visitors? If not, then nothing is stipulated about them. They never asked if I had a boyfriend.

I'm a mature women, and it doesn't seem right that I can't have someone overnight once a week, or even logical not to expect it. We are very quiet - for the most part, and I'm not even sure how they know when he is here.

So eseentially, if I state my rights, they can still terminate the lease with no compensation to me?

One more thing - I have no access to the main pert of the house.

 

[HomeGuru]

What is the name of your state? CA

This had come up once before and they agreed he could spend an occassional night.

**A: 3 days is not an occasional night.
And you do realize that you are renting a suite in THEIR private home where they also live? Read the CA Civil Code L/T section on terminating a lease.
Read your lease again. Do you have permission for the guest to stay in writing?
Lastly, since you are on a m/m lease, L may terminate your lease (for any reason or none at all) simply by giving you proper written notice. The odds are really stacked against you.

 

[FarmerJ]

So why dont you just give them notice that your going to move out and do it in writting . and look for a place where up front you inform your LL how many days your BF spends and get it all settled before you move in or sign a lease .

 

[HomeGuru]

So why dont you just give them notice that your going to move out and do it in writting . and look for a place where up front you inform your LL how many days your BF spends and get it all settled before you move in or sign a lease .

**A: the writer does not want to move but continue to stay AND still have her BF over. And if she has to move, she is seeking compensation.

 

[stephenk]

why dont you just spend the weekends at your boyfriend's place?

 

[HomeGuru]

why dont you just spend the weekends at your boyfriend's place?

**A: his place is too meesy and his bed is too small.

 

[akkdezyn]

All right - I get it - I just have to grin & bear it, or go. The reason I want to spend weekends here is beacause I have a prrot, who needs to spend all week in a cage while I'm gone.

I don't want to move because it's expensive and traumatic for me (plus, there's the problem of having a pet). I've already moved 3 times since 1/2003 due to several unrelated reasons I don't need to bore anyone with. This is by no means typical of my lifestyle, moving being my main phobia.

I thank everyone for their time - guess I'll be breaking up with my boyfriend of 4 years, who doesnlt understand my having anyone control my life to this extent.

 

[hexeliebe]

All right - I get it - I just have to grin & bear it, or go. The reason I want to spend weekends here is beacause I have a prrot, who needs to spend all week in a cage while I'm gone.

So, invite the BF over for dinner, cook the damn bird THEN dump the jerk. ALL problems solved.

 

[HomeGuru]

Poor Polly.