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MDLawyer
MDLawyer, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 6133
Experience:  10 years in legal practice. Over 5 years in advising clients on landlord/tenant issues, including on a pro bono basis.
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If a tenant is gone months, and leaves a vistor on premises,

Customer Question

If a tenant is gone for 3 months, and leaves a vistor on premises , am I liable for any injuries if something happens. is this a bad idea for landlord to allow.
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  MDLawyer replied 1 year ago.

Hello and thank you for using the Just Answer website. I look forward to assisting you.

When you refer to "a visitor", does this person have permission to be residing in the apartment?

Customer: replied 1 year ago.
No, started out she had surgery on leg and can she stay till she gets better. Gave OK, now he is gone on deployment for 3 months and left visitor. When asked when will she leave, his reply was when leg get better she will be leaving. Well I don't know when that will be. I said ok, but don't want her to stay 3 months and I am not comfortable with the arrangement. she is not on lease.
Expert:  MDLawyer replied 1 year ago.

Normally, a lease will state that only the person on the lease can live in the unit unless permission is granted by the landlord. I do not know what your lease states but it appears that you gave permission. There is no liability to you unless she is doing something criminal or unless you are negligent as a landlord. The person who has potential liability is the person on the lease.

Please let me know if this has answered your question.

Expert:  MDLawyer replied 1 year ago.

As a lawyer, I can only provide you with legal information and a phone call could be considered by some states to be a violation of a lawyer's professional ethics since you do not have an attorney-client relationship with any lawyer on this site. I am, however, happy to answer any additional questions you may have in this chat.

Customer: replied 1 year ago.
Tenant asked if visitor could stay while under going surgery so he could help her. I gave ok, but it has been a month. Now he is gone on deployment, no longer able to help her. I feel that she should go home and not stay in his apartment. I worry that she or some of her visitors may get hurt or something else. The lease say guest after 15days is a breach.
Expert:  MDLawyer replied 1 year ago.

If you do not wish for her to be in the apartment, you would need to inform your tenant that he is in breach of the lease and move to have evicted for breach of the lease and you would have to go through the eviction process to evict her as well if you only gave permission for her to be there for a month and do not want her to be in the apartment. Otherwise, you can simply allow her to stay there so long as he is paying rent on time and she is not engaging in conduct that you are not okay with, such as noise violations, criminal activity etc. If she gets hurt, that would not be your responsibility unless, like I stated previously, it was due to some negligence on your part. (For example, if you are supposed to provide outdoor lighting but the lights were broken and she fell due to your failure to repair said lighting).

Expert:  MDLawyer replied 1 year ago.

Please let me know if I have answered your question. If I have, please be so kind as to leave a positive rating so that I may receive credit for the time spent assisting you. If, however, you have additional questions, please do let me know.

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