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MDLawyer, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 6135
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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In my new lease my Landlord now says I cant have a overnight

Customer Question

in my new lease my Landlord now says I cant have a overnight guest, I never had overnight guess except for my mom and her traveling companion to care for her when I am not there...isn't this invasion of privacy? Its not like I am having a different or the same person every night.
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: Maui, Hawaii
JA: Have you talked to a lawyer yet?
Customer: not yet...this landlord is flaky at best
JA: Anything else you think the lawyer should know?
Customer: she first said I would have a year lease and then changed it to 7 months...
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. Can you tell me what the exact language in the lease states? Also, is this a room in a house, an apartment in a complex, a duplex, a house?

Customer: replied 1 year ago.
The exact language is "Tenant will not have overnight guest on property without letting landlord know" and it is a two bedroom 1 bath House.
Customer: replied 1 year ago.
is that language legal?
Expert:  MDLawyer replied 1 year ago.

So it's a house that only you are renting and the landlord/owner does not also live in the house?

Customer: replied 1 year ago.
just rent it alone landlord does not live on property's
Expert:  MDLawyer replied 1 year ago.

Thank you for the additional information. After conducting additional research and reviewing the facts you have given, it is perfectly legal for a landlord to limit overnight guests so long as it is in the lease. You stated that there was a new lease and that she had added this to the new lease. That is legal. What the landlord CANNOT do is limit overnight guests when there is nothing in the written lease prohibiting overnight guests.

Expert:  MDLawyer replied 1 year ago.

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