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Posted by Ken on December 05, 2000 at 23:35:45:

In Reply to: Re: guests - it would depend... posted by Dawn on December 05, 2000 at 17:44:31:

Some issues have come up in this thread that I'll clarify here.

A month to month tenant has the same rights and obligations as a tenant with a lease. The only difference is that a month to month tenancy can be terminated, by EITHER landlord or tenant, on 30 days notice (in New York). As a practical matter, this means that a landlord can simply give notice to end the tenancy of a tenant whose behavior he considers offensive. If the tenant had a lease, the landlord would have to wait out the term of the lease, or else take the tenant to court if it could be proven he was breaking the lease in some manner. ON THE OTHER HAND, month to month arrangements give the tenant a lot more flexibility. If the tenant is relocating, all he need do is give 30 days notice to the landlord and move. No excuses or reasons needed. Do that with a lease and you could lose your security deposit or be responsible for paying rent.

Can a landlord restrict entry by non-tenants to the building ? It depends. Property ownership is sacrosant in the U.S., and a property owner is free to restrict who may come onto his or her property. Many leases are restricted to the named tenants. In New York the District Attorney's office has an "anti-trespass program" at many buidings in which trespassers are aggresively arrested and prosecuted. Of course, the trespassers this program targets are prowlers, drug dealers and other undesirables, not ex-son-in-laws. So one might say that the tenant generally can have a guest over, but the landlord does not absolutely have to let that guest enter the premises.

Neal, I'd say that the situation you are describing could get very dicey, and result in a fight (either with lawyers in court or with fists on the sidewalk). I agree with Dawn, I would avoid trouble here. But its your choice, and by now you certainly have enough facts and opinions to decide.

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Comments:
: Some issues have come up in this thread that I'll clarify here.

: A month to month tenant has the same rights and obligations as a tenant with a lease.  The only difference is that a month to month tenancy can be terminated, by EITHER landlord or tenant, on 30 days notice (in New York).  As a practical matter, this means that a landlord can simply give notice to end the tenancy of a tenant whose behavior he considers offensive.  If the tenant had a lease, the landlord would have to wait out the term of the lease, or else take the tenant to court if it could be proven he was breaking the lease in some manner.  ON THE OTHER HAND, month to month arrangements give the tenant a lot more flexibility.  If the tenant is relocating, all he need do is give 30 days notice to the landlord and move.  No excuses or reasons needed.  Do that with a lease and you could lose your security deposit or be responsible for paying rent. 

: Can a landlord restrict entry by non-tenants to the building ? It depends.  Property ownership is sacrosant in the U.S., and a property owner is free to restrict who may come onto his or her property.  Many leases are restricted to the named tenants.  In New York the District Attorney's office has an "anti-trespass program" at many buidings in which trespassers are aggresively arrested and prosecuted.  Of course, the trespassers this program targets are prowlers, drug dealers and other undesirables, not ex-son-in-laws.  So one might say that the tenant generally can have a guest over, but the landlord does not absolutely have to let that guest enter the premises.

: Neal, I'd say that the situation you are describing could get very dicey, and result in a fight (either with lawyers in court or with fists on the sidewalk).  I agree with Dawn, I would avoid trouble here.  But its your choice, and by now you certainly have enough facts and opinions to decide.


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