my aunt and uncle is coming to new york for a few days so i invited them to stay with me, so i told my land lord and his replay was i cant have any guest overnight. He rented me alone the place. its a one bed room with a living and dining room plus kitchen. Help please
Real Estate Attorney
It depends on what your lease says. If it is silent, then you can have guests as it is a normal use of an apartment to have guests over from time to time as long as they do not reside there.
DISCLAIMER: This answer is for informational purposes only under the AVVO system, its terms and conditions. It is not intended as specific legal advice regarding your question. The answer could be different if all the facts were known. This answer does not establish an attorney client relationship. I am only admitted in New York and New Jersey. Visit my site for more information: www.lawcrt.com.
1 found this helpful
1 lawyer agrees
Landlord / Tenant Lawyer
Dear can my landlord prohibit guests?
Perhaps I might answer your question.
No. Even if your lease prohibited overnight guests, New York state law, overrules a contrary provision in the lease.
If your guests were planning on staying with you and are a married couple, you would be allowed to have them stay longer than thirty days as your roommates. As they will only be there a couple of days, your landlord cannot bar you from having them over.
You are protected by Real Property Law Section 235 - f (Unlawful Restrictions on Occupancy):
"***§ 235-f. Unlawful restrictions on occupancy.
1. As used in this section, the terms:
(a) "Tenant" means a person occupying or entitled to occupy a residential rental premises who is either a party to the lease or rental agreement for such premises or is a statutory tenant pursuant to the emergency housing rent control law or the city rent and rehabilitation
law or article seven-c of the multiple dwelling law.
(b) "Occupant" means a person, other than a tenant or a member of a tenant's immediate family, occupying a premises with the consent of the tenant or tenants.
2. It shall be unlawful for a landlord to restrict occupancy of residential premises, by express lease terms or otherwise, to a tenant or tenants or to such tenants and immediate family. Any such restriction in a lease or rental agreement entered into or renewed before or after the effective date of this section shall be unenforceable as against public policy.
3. Any lease or rental agreement for residential premises entered into by one tenant shall be construed to permit occupancy by the tenant, immediate family of the tenant, one additional occupant, and dependent children of the occupant provided that the tenant or the tenant's spouse occupies the premises as his primary residence.***"
The answer provided to you is in the nature of general information. The general proposition being that you should try to avoid a bad outcome if you can.
1 lawyer agrees