Landlord Is Having Problems With A Guest Of A Tenant
Question
I’m having problems with the guest of one of my tenants and need to know what I can do to prevent this guest from coming on to the property.
Answer
What, if anything, you can do about the “problem” guest depends on (1) why you consider the guest to be a problem, (2) what clauses are in the lease agreement that might apply to the situation, or (3) what might be a matter of law in the particular state. Without knowing the specifics of what makes the guest a problem and seeing a copy of your lease agreement I must discuss the issue in generalities.
A tenant is generally responsible for actions of his guests by law and an adequate lease agreement should also so state. 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) may still be the responsibility of the tenant to correct, but the landlord could instead deal with it by contacting law enforcement if the problem is serious enough to be considered something requiring police action.
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.