Is this legal in a lease??

Question

I just signed a lease for a years apartment. Well as I was reading the lease when I get home (my copy of the the real one that is) I noticed that there is a clause I didn't see before in the lease. Where I'm living is the basement of a couple's house. They are older and very religious. I am religious but not to their level. Now before they said they didn't want any wild parties and I was cool with that and no drinking or smoking and I was fine with that also. However, in the lease it says "Please, do not have anyone of the opposite s*x spending the night."

So here is my jam. I have a girlfriend. I want her to spend the night....is this legal? Can they state no girl can ever spend the night in my place? I know some apartments make it so you can't have someone else living with you cause they'd want the other person to pay to live their too but we are talking two or three nights at the most out of a month.....what can I do...am I stuck forever to have a girlfriend who hates me cause I can't let her come over....or is this clause in the contract BS! Please help!!

Answer 1

They should have told you that was in the lease you were signing. I suppose it would be legal since a lease is a legal document and you signed it. Coudn't you sneak your girlfriend in without them knowing?

Answer 2

ehm well the house is basically theirs and its their rules, there's nothing you can do about that. i sugest you just say it to them, and explain the situation that she will only be there at most for 2 or 3 nights. if they are still against it move out! The fact that they wrote that is a joke! They can't tell you what to do like i mean, if you were g*y (im not saying you are) and they didn't know, you could have your bf staying over every night just because he's the same s*x. its a load of bull if you ask me! Go up there and stick it to em!!

Answer 3

If it was an apartment or a house, I could tell you very quickly that it's against the law and they can't dictate "lifestyle" in the lease.

However, since it's the basement of their OWN HOME, yes, they can have clauses like that.  

That is why it's a good idea to read the lease before you sign it.

PS:  You do not have 3 days to look a lease over before it's final, after you signed it.  That 'rule' only applies to door-to-door salesmen and other people that sell tangible goods...you sought the landlord out, not the other way around.

Also, it is NOT a violation of Fair Housing.  The fair housing act protects "familial status"...that refers to if you have children or not....not if you are married...marriage or being single is not a protected class.  It is also not absolute, for example, retirement communities can legally not permit tenants that have children living at home and restrict by age, as long as they are consistent.

Answer 4

yes you signed it and that is what it reads and i fyou do they can break the lease and throw you out why not spend the nites with her instead.

Answer 5

You could have an attorney look at it, or if you have a college w/ a law department, law students will do it for free. But pretty much if it's in the contract it can fly. Not the 1st time I've seen it.

Word of wisdom for today: "Always read thoroughly before you sign"

Answer 6

clear it with the owner first dont **** up

Answer 7

The clause is legal. But you don't have to stay for the full year. Talk to the landlord and explain the situation.

If they refuse to allow your girlfriend, then you still have options. 1. You can ask to cancel the lease, not move in, and see if they will let you out of the lease. You may lose any deposit you made. If that doesn't work:

2. You can give notice, and they need to try to mitigate their damages by finding another tenant. (You can help them.) You will still be responsible for rent until they find someone else. If that doesn't work:

3. Find out if the basement apartment is a legal apartment. Many communities don't allow apartments in homes. Check with City Hall. If they don't have the proper permits, they can't rent the apartment legally. This voids the lease. If that doesn't work:

4. You can meet your girlfriend at her place or a hotel.  

Answer 8

It became legal as soon as you signed it.   You already agreed to this, and since you are in their home they had the right to ask you to agree.

Spend the night at her place since this is not going to be acceptable where you are.

Answer 9

You will have to discuss it with the apartment owners first. If they are steadfast then ask them to return your money. If they don't then you will need to go to an attorney and get this cleared up. But you have three days to go over your contract before it is final. Don't lose those three days. Have you moved there yet? don't move there. ask for a return of your money.

Answer 10

I think as long as it's in writing and you signed it in agreement they have you by the gonads (which your girlfriend does not). You may want to plead your case to the landlord but it will most likely be a futile attempt. Good luck at the motel.

Edit... Maxine H... the 3 day right of recision does not apply in this case. It is only meant to protect you from someone that comes into your home and has you sign a contract. It protects the homeowner not the other person.

Answer 11

It's stupid. You should confront them and tell them that it's not right to not be able to have the one you love in the place you live. I think it's illegal to do that...eitheir they could say you can have nobody over night or have anybody over night..they can't say nobody of the opposite s*x because thats sexist.

Answer 12

Generally speaking... yes it is legally because you agreed to it by signing it....The question is it morally right? The answer to that is no.

Unfortunately, the court doesn't look at morals, but the law.....since you signed it may be binding.... I would discuss it with your new landlords... or just sneak her in through the basement window. :-)

Answer 13

The legality depends on a range of things.

1. Contracts between companies and individuals have different rules to those between 2 companies. So this contract has to face the test of fairness. Is it fair for them to add this rule and not state it clearly to you? The answer is no.

2. Products must be fit for the purpose provided. You can have people over, that is the normal use of the apartment).

3. There is more here than contract law, there is also local laws about renting and tenancy, which will vary, but you might be protected by these.

Finally there is the issue of human relationships. You have to get on with the owners, who live right near by you, so deal with it by building up relationships.

Answer 14

that's why you are supposed to read ALL the lease carefully before signing.

I think it is probably legal, though there is a slight possibility that your state has some other laaw that makes this legal.  You would need a local lawyer to answer that question.

Answer 15

i think it is a pretty stupid clause but if it was there when you signed the lease you cant have her stay im not preaching but when you rent from private owners that can put just about anything in it and once you sign thats it you have to read it very closly talk to them nicly and see if that can get you any where good luck

Answer 16

of course they can,....you are in their HOUSE! You arent in a separate dwelling. Your just living in the basement. Sounds freaky to be living in someones basement.....why would you want to do that?

I would contact a lawyer and see if you can get out of it.

Answer 17

Read before you sign agreements.

Answer 18

Illegal clause. It violate Fair Housing Laws based on your Familial status. You cannot be discriminated upon because you are not married. For if you were married they would not have a problem with your wife staying over right?

There are two critical things that could make this legal. 1. Do you have access to the whole house. 2. Do you use the same entrance as they do (ie the front door not a basement door).

If you can answer yes to both 1 and 2 then what they are doing could be legal. As a lot of laws do not apply when you are renting out your primary residence to someone and this person can have access to you 24 hours a day.

Also most leases that are for 12 months or longer have a 3 day right of recission (right to cancel). Next time read the whole thing first.

You could alwasy play dirty and say "Oh Great!!! So you Don't mind if my lover comes over right?.... His name is John. Don't worry we use lots of fragrance to cover the smell of our anal loving!!!"