What information should a Landlord included in a guest policy for Tenants?
Answer:
A landlord has the right to set rules on guest visits to the rental property. A landlord also has an obligation to protect the safety and privacy of his tenants. A guest policy helps to protect the rights of the other tenants and prevent unwelcome or unwanted stays by guests.
Tenants also have the right to “quiet enjoyment” of the rental property including the right to have guests stay overnight or for short periods of time. The landlord’s guest policy cannot deny the legal rights of the tenant.
A landlord cannot restrict, prohibit, or otherwise discriminate against guests, or limit guest stays based upon any federal, state, or local fair housing protected classes or characteristics.
A lease agreement should always include a clause detailing the landlord’s tenant guest policy and the consequences of violations of the policy. A guest policy defines “guests” and sets the rules and limitations on guest overnight stays. A guest policy, to be enforceable, must be legally compliant and clearly stated in the lease agreement that is signed by landlord and tenant.
When a landlord establishes rules on tenant guest visits, the rules should not be excessive or unreasonable and must be uniformly enforced against all tenants. A guest policy may limit the number of guests per tenant per visit, require written permission from the landlord for parties or events, and limit the number of days within a specified time period that a guest may stay at the rental property. A landlord may require a guest who has exceeded policy provisions without the landlord’s permission to submit an application for tenancy.
A guest policy should hold tenants liable for any damage caused by their guests. Tenants and their guests are required to comply with any and all laws, ordinances, rules, and restrictions as per governmental agency that affect the occupancy, use, cleanliness, and preservation of the rental premises.
Other issues that may be addressed in a guest policy include guest parking access, prohibitions against tenants providing duplicate keys, security codes and access to common areas to guests, and restrictions on use of property amenities. Standard rental policies such as being a smoke-free property, rules on noise and disturbance, and other applicable rental policies such as health and safety matters should be communicated to guests and posted on the property as warranted.
A lease clause that sets reasonable limitations on guests and overnight stays can help prevent tenants from moving in their family members or friends as their “guests.” These guests often become the full-time occupants who were never qualified under the landlord’s standard tenant screening and selection standards. Lease violations that are not cured could lead to claims of discrimination and unfair treatment by other tenants and applicants.