Tenant's Right to Quiet Enjoyment: Can the Landlord Restrict Guests?
The short answer is yes. Your landlord can restrict guests when it is written in the lease and reasonable to do so. The lease’s restrictions on guests should balance the tenant’s interest in the quiet enjoyment of their space and the landlord’s interest in maintaining peace and order within the building.
What is the covenant of quiet enjoyment?
The covenant of quiet enjoyment is a legal phrase. It means tenants have the right to possess their unit without interference.
Examples of interference include:
- Excessive noise,
- The landlord coming in without proper notice, and
- Not having essentials like hot water or electricity.
These all violate the right to quiet enjoyment. Tenants have a legal right to use their apartment in a typical way.
This covenant also gives you the right to exclude others from the premises. A tenant doesn’t have to allow the neighbors in to visit if they don’t want to. However, there are exceptions. For example, a tenant must let a firefighter into their apartment if there is a fire. Exceptions must be made for emergency situations.
Having the right to exclude certain people from their apartment means tenants also have the right to include guests. However, landlords are allowed to restrict guests so long as the restriction is reasonable. What is considered a reasonable restriction depends on the type of housing.
Does public or market-rate housing change the landlord’s right to restrict guests?
Yes.
- Public housing: May not be unreasonable or excessive.
- Private (market-rate) housing: Landlords have more discretion.
What can a landlord do if a tenant has restricted guests in the unit?
If a landlord chooses to place restrictions on guests, it should be written in the lease agreement. They must be reasonable. If the tenant has restricted guests over, the landlord may proceed as they would when a tenant violates the lease.
The landlord may ask the tenant to remove the guest from the apartment. Sometimes, the landlord might give an eviction case notice for the tenant’s lease violation. A landlord can’t immediately evict a tenant for a guest violation. If there is a guest violation, the tenant must first receive a 10-day notice to cure. This notice allows them to fix the problem within 10 days. If the tenant continues breaking guest policy, then the landlord may file an eviction case.
Alternatively, the landlord may file criminal trespassing charges against the guest.
The above article provides information about legal issues but is not the same as legal advice. Legal advice is when a lawyer applies the law to your specific situation. The information in this article does not replace the advice or representation of a licensed attorney. Law Center for Better Housing cannot guarantee the accuracy or completeness of the information in this article and is not responsible for any consequences that may result from using it. You should consult with a licensed attorney to ensure the information in this article is appropriate for your specific situation. Using the information in this article does not create a relationship between Law Center for Better Housing and you as your attorney.