Legal Question in Real Estate Law in New York
Apartment guests, limits ?
I am a renter on Long Island New York and I pay rent early each month. There is no language in my lease that addresses overnight visitors. There is only a clause that states that 1 person and 1 cat may live there. My girlfriend spends the night regularly, even 7 nights a week sometimes. She does not bring her car, so there is no parking issue. We are not loud, no noise complaints and she rarly showers at my place. My landlord is telling me that I am not allowed to have her over every night. He said it is not a money issue, or a noise issue. She has an established residence in another apartment in a neighboring town. Are there restrictions landlords can impose on renters regarding how many times a week overnight guests can stay if there is nothing in the lease? Can he evict me for continuing to allow her to stay if she can prove her address both through mail to her at her address and roommate testimony? Is there a law stating that if she sleeps in my apartment more than X amount of days per month she is legally living there?
Thankyou for your help!
1 Answer from Attorneys
Re: Apartment guests, limits ?
In general there are no limits on guests. If your friend is there almost every night she may be establishing residence at your abode. However in NY an person or family renting an apartment is allowed to have one extra person residing with them even if the lease states otherwise.
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