Does the landlord have the right to prevent a problem guest from accessing a tenants property?
Question
Is there a lease clause that can provide landlord the right to prevent a problem guest to access a property?
Answer
What, if anything, a landlord can do about a “problem” guest of a tenant depends on why the landlord considers the guest to be a problem, what clauses might already be in the lease agreement, or what might be a matter of law. Without knowing the specifics of what makes the guest a problem and seeing a copy of your lease agreement I can only discuss the issue in generalities.
A tenant is generally responsible for actions of his guests. If actions of the guest result in violation of a lease clause, the landlord could demand (by written notice) that the tenant correct the problem and prevent it from re-occurring. Failure of the tenant to do so might, depending on the specifics of the problem, be grounds for termination of the lease.
Basically, it is up to the tenant to cease allowing the problem guest on the tenant’s leased premises. A guest causing problems on the property but not on the tenant’s leased space (including any spaces external to the internal living space that are for the tenant’s sole use – e.g., a yard that is included by the lease) would usually best be dealt with by the landlord contacting law enforcement, as the tenant cannot usually be expected to be responsible for activities outside his leased premises.
A landlord cannot prohibit a guest from a tenant’s leased premises because the landlord doesn’t like the way the guest wears his/her hair, speaks, dresses, etc. The landlord certainly cannot prohibit a guest who is a member of a protected class under federal, state, or local fair housing laws unless clearly non-discrimination issues are involved.
Landlords must try to avoid doing things that result in a tenant’s claim that the landlord has violated the tenant’s “right to private enjoyment” of leased premises.