Did you know... January 23, 2016

QUIET ENJOYMENT – TENANT’S RIGHTS

Tenants have the right of quiet enjoyment, which includes the right to have house guests. The landlord, on the other hand, has the right to approve any changes in occupancy.  So if a houseguest wants to become an occupant, the landlord has the right to require written permission prior to occupancy.  Some leases define when a visit becomes occupancy but many, do not.  When a tenant must have permission to add an occupant therefore usually falls under the “reasonable” rule.  The guidelines have been less clear in recent years because we are seeing a significant increase in family members from other countries visiting, often for long periods of time.

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Nothing found herein should be construed as an attempt to offer or render a legal opinion or otherwise engage in the practice of law. You should obtain the advice of an attorney well versed in these matters.