Question:

What constitutes having an additional occupant?

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My friend stays with me a few nights everyweek and I just received a notice from my landlord that says she has to be gone in 3 days, or we have to move, because we have an additional occupant. What can I do? What constitutes having an additional occupant? Can I not have friends sleep over??? Let me know if anyone has any legal, or any advice..

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  1. unless is states in your lease that you are NOT aloud to have anyone stay over then YES, you are aloud to have someone 'sleep over'.  normally the rule is if someone has been there for over two weeks then they are considered additional occupant..  

    tell your landlord that this person only stay the night once in a while.. if they have a problem with that , then I would find a new place to live..


  2. More then 14 days in a year.   Staying every week is obviously an occupant.

  3. If the other person does not have a residence other than your place, they are an additional occupant.

    If they are at your place more than away it is open to some interpretation, but usually additional occupant.

    Some places have a simple rule like stays more than 4 consecutive days or more than 10 days within a month.  This can be spelled out in lease or in state standards.

    In some areas, having more people in a bedroom than are permitted for that room will be an automatic offense.

  4. Do you have a lease? The terms of the lease will prevail. Yes, you are entitled to have overnight guests.This is your home.

    See if your lease spells out the definition of additional occupant. It should.

  5. Our leases state that tenants cannot have someone stay there more than 5 nights in a 1 month period because they then start looking like another tenant.

    Read your lease and see what it says.  It sounds like a violation to me.

  6. There's probably not a universal definition for an additional occupant.  Read your rental agreement and Google your state's landlord tenant laws.  Usually rental agreements define an additional occupant in very broad terms (i.e. someone staying in the unit for more than x days within x months, etc.).  Offer to have your friend to complete a rental application so the landlord can have some assurance your friend isn't someone with criminal record or a s*x offender.  Otherwise, you choice is to add the friend to the lease or move-out.

    It is a little odd to have a friend sleep over a few nights every week -- unless s/he is a boyfriend/girlfriend.  Most landlords don't care unless the regular visitor is causing problems.  Why did your friend attract the landlord's attention?

  7. read your rental agreement for the answer.  if you're still not sure, contact your landlord.

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