My lease reads: “ 5. Named Renter/Assignment/Subletting: The premises shall not be occupied by more than the maximum number set out in Section J [handwritten as one (1) ], unless required by law, nor by any other than the Named Renter set out in Section K [myself] without the advance written consent of the Owner and at the additional rent set out in Section L [N/A] or prescribed by law. Renter’s right to possession shall not be assigned nor sublet.” The lease does not say anything else that could apply, allowing or even mentioning overnight guests. Does this clause completely restrict overnight guests unless the landlord writes an okay? Is that legal?
Landlord / Tenant Lawyer
A guest is not an "occupant" of the property. If the lease is silent, unless your guests are deemed to have become occupants (depending on length of stay, recurrence of visits, etc.), you are free to do as you please. Most leases though have a provision that deals specifically with guests, it is worth it to review the lease one more time to make sure you did not miss it.
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