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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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According to my rental agreement, guests are allowed to

Customer Question

According to my rental agreement, guests are allowed to spend 13 nights, but must not spend more than that without it being a violation of my agreement. My landlord continues to accuse me of being in violation of my rental agreement when my husband spends 2 nights a week in the apartment. This morning I found an eviction notice on my door stating that my husband is "occupying" the premises because he spent 3 nights in a row to help me with childcare for our daughter.
Submitted: 10 months ago.
Category: Landlord-Tenant
Expert:  MDLawyer replied 10 months ago.

Hello and thank you for using the Just Answer website, Shannon. I look forward to being able to assist you this morning.

Expert:  MDLawyer replied 10 months ago.

When you say 13 nights, do you mean consecutively? Is there a reason that your husband is not on the lease or why he is not listed as an occupant?

Expert:  MDLawyer replied 10 months ago.

Is your question how to respond to the eviction notice?

Customer: replied 10 months ago.
My husband is not an occupant, nor on the lease because we are temporarily separated, with the intent of reconciliation (which I was forthcoming with when I applied). He spends 1-2 nights per week (rarely in a row), until this week when I started back to work and needed him to stay with our daughter because she had not started school. On this a casino he stayed 3 consecutive nights.
Expert:  MDLawyer replied 10 months ago.

Does the lease say 13 nights total or consecutive?

What is your question, specifically? Are you asking how to respond to the eviction notice? I will be back online after 9:30pm central time.

Customer: replied 10 months ago.
13 consecutive nights. 1) does she have the right to evict me because she does not approve of my "guest"? 2) if I vacate due to being harassed since I moved in, will I have to pay the remainder of the lease (I have documented her constant meddling, including allegedly audio taping me INSIDE my apartment without my permission.
Expert:  MDLawyer replied 10 months ago.

Thank you for the additional information. She can only evict you if you have breached the lease. Therefore, she would have to prove that he stayed there 13 consecutive nights and you would also be able to present evidence that he was not staying there 2 weeks in a row. For example, you could show as evidence that he lives somewhere else and receives mail there and pays utilities there, etc.

Expert:  MDLawyer replied 10 months ago.

If you break the lease, then you would be legally responsible for paying the remainder of the rent up until a new tenant moves in. You would have to prove that she breached a provision of the lease. If you live in a 2 party consent state and she did not get consent to record you on audio, then that would be an illegal contact and could be considered a breach of the lease. If, however, you live in a 1 party state, consent is not needed from the other party and so it would not be illegal.

Expert:  MDLawyer replied 10 months ago.

Please also remember that you have to respond to the eviction because if you do not, she could potentially get a default judgment as a result.

Expert:  MDLawyer replied 10 months ago.

Hi Shannon. Can you let me know if you have viewed my answers?

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