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Question for Landlords

Paladin3

Paladin3

Diamond Member
Unless a lease states otherwise, isn't two weeks in a six month period the limit a guest can stay with you before they are considered a "rogue tenant" or need to be added to the lease?

I've had my daughter and a friend staying with me for about a week now, and my landlord is giving me shit over it and trying to fine me $300. I told her they were only staying for 14 days, but she is being difficult.

I don't want to be unreasonable about it. Advise?
 
Ns1 said:
Your landlord sucks
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This x100

The answer to your question is either in the lease you signed or a state law, you'd have to check both.

I know for my tenants they can have guests for up to 30 days at a time, but there is no limit to how often this could happen. In theory they could stay for 30 days, leave for a day, and come back for 30. I honestly could care less because I make the same amount either way, as they pay the utilities.

Check the fine print on your lease and state laws (make sure to double tap the subletting laws). After that find a new place to stay. Your landlord is a bitch.
 
Elevenpog said:
This x100

The answer to your question is either in the lease you signed or a state law, you'd have to check both.

I know for my tenants they can have guests for up to 30 days at a time, but there is no limit to how often this could happen. In theory they could stay for 30 days, leave for a day, and come back for 30. I honestly could care less because I make the same amount either way, as they pay the utilities.

Check the fine print on your lease and state laws (make sure to double tap the subletting laws). After that find a new place to stay. Your landlord is a bitch.
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I had a long phone conversation with my landlord and the only point she could really cling to was that we may be using extra water. In our area there is a minimum amount charged for water, with extra charges if you go over the minimum.

My building has four units and when I signed the lease we agreed that I was responsible for 25% of the minimum water bill as there was usually no overages. The cost of water and sewer was to be included when I paid rent to her.

The problem was she didn't know exactly what those actual costs were when we were signing the lease. I told her I couldn't sign the lease without knowing, which kind of ticked her off, so she wrote $25/water and $15/sewer into the lease per month and I signed.

Now she is saying that those terms we agreed to in the lease were not fair, and she was trying to give me a break by making the fees so low...blah, blah, blah. She feels I am not being fair or reasonable and that she will have to pay for any extra water expenses, extra wear and tear on the unit and having extra cars parked in the empty dirt lot in front of the building. I said I would pay the extra water costs if she showed me the bill, but she declined that offer. I don't think she wants me to see the bill, *shrug*.

Now, ATOT, here is where you can heap your scorn and disgust upon me. I made the colossal error of signing my lease in the empty apartment and taking her word that she was headed home to scan and email me a copy. I know, stupid, stupid, stupid! So far I haven't received it, though she again promised to send it to me when we spoke today.

I'm starting to think I fucked up and should just look for a new place to live. I don't want to rent from a landlord who is basically accusing me of being a liar and thief. She mentioned quickly in passing that if I wanted to move she would let me out of the lease. I might try to get that in writing and just move on with my life.

Thank you guys for listening and the feeback. It helps a lot just to get this off my chest.
 
Last edited:
Charmonium said:
Google 'tenants rights Idaho' and see if you find anything useful there. This was the first hit.

http://www.ag.idaho.gov/publications/consumer/LandlordTenant.pdf

Almost 60 pages so there should be something in there that will help.
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I skimmed similar stuff and got the consensus that more than two weeks in one 6 month period could get me in trouble. When my daughter and friend came to stay I told them no more than two weeks for that very reason.

When I brought that up in our conversation my landlord asked where I had heard such a thing, and then laughed that the Internet wasn't a reliable place to look for legal advice.

I hate to say it, but this is small town North Idaho and I'm not dealing with especially bright people. At one point she actually said "I own the place and can do whatever I want."

/Mind blown
 
Send her a copy of the pdf and point out that it's from the state's attorney general. Point her to the exact page(s) and paragraph(s) so she doesn't have to strain herself.
 
Just ask her to send you the part of the lease that you signed that would allow for a $300 fine for such behavior.
 
I'm starting to think I fucked up and should just look for a new place to live. I don't want to rent from a landlord who is basically accusing me of being a liar and thief. She mentioned quickly in passing that if I wanted to move she would let me out of the lease. I might try to get that in writing and just move on with my life.
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You should give a notice of vacant. If your lease of contract is not due and as I sign of courtesy.
 
Get the lease and stick to its language. You cant be fined if you have not broken it. She may be inclined to perform an action which nullifies the lease herself, and then you are free. She must return the full security deposit.

My lease has rules on total number of occupants and guests:

b. Limitation on number: Lessees acknowledge that the maximum number of persons permitted to reside within the premises shall not exceed three (3) adult persons. Should more than the maximum number be found to reside in the dwelling unit, Lessors agree that they are in violation of the lease and that Lessors may bring court action for repossession of the premises based upon Lessees’ breach of this paragraph.
c. Guests: Persons visiting Lessees may not reside at the premises for more than two weeks in aggregate during any calendar year, unless written permission is first secured from Lessors. Lessees’ guests and visitors shall abide by all applicable covenants and rules herein contained, so that a breach by a guest or visitor shall be treated as a breach by Lessees.
 
If your landlord is a dick, get a new landlord.

$40/mo for water seems more than generous, and should be way more than 25% of monthly costs. Our water bill is about $65/mo total. Assuming you're not a colossal water hog, I'd guess yours should total somewhat similar, but probably way less.
 
Most leases state that additional occupants have to apply with the leasing agent/landlord, and have to qualify. Leasing agents do not want felons or sexual offenders living in their properties.

Oh, and your landlord is being a douche.
 
Paladin3 said:
I had a long phone conversation with my landlord and the only point she could really cling to was that we may be using extra water. In our area there is a minimum amount charged for water, with extra charges if you go over the minimum.

My building has four units and when I signed the lease we agreed that I was responsible for 25% of the minimum water bill as there was usually no overages. The cost of water and sewer was to be included when I paid rent to her.

The problem was she didn't know exactly what those actual costs were when we were signing the lease. I told her I couldn't sign the lease without knowing, which kind of ticked her off, so she wrote $25/water and $15/sewer into the lease per month and I signed.

Now she is saying that those terms we agreed to in the lease were not fair, and she was trying to give me a break by making the fees so low...blah, blah, blah. She feels I am not being fair or reasonable and that she will have to pay for any extra water expenses, extra wear and tear on the unit and having extra cars parked in the empty dirt lot in front of the building. I said I would pay the extra water costs if she showed me the bill, but she declined that offer. I don't think she wants me to see the bill, *shrug*.

Now, ATOT, here is where you can heap your scorn and disgust upon me. I made the colossal error of signing my lease in the empty apartment and taking her word that she was headed home to scan and email me a copy. I know, stupid, stupid, stupid! So far I haven't received it, though she again promised to send it to me when we spoke today.

I'm starting to think I fucked up and should just look for a new place to live. I don't want to rent from a landlord who is basically accusing me of being a liar and thief. She mentioned quickly in passing that if I wanted to move she would let me out of the lease. I might try to get that in writing and just move on with my life.

Thank you guys for listening and the feeback. It helps a lot just to get this off my chest.
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She is pissing and moaning about the water bill but wont show you because her proof is crap. She is really trying to gouge you for 300 bucks for a guest. She isnt in the hotel business so charging guests is ridiculous. Check your local and state laws concerning what constitutes a rogue tenant. I cant imagine any law will consider family staying for 2 weeks a tenant. As for the lease she should have had two copies that both of you signed at the showing. You are right about being in a position of weakness right now when it comes to the lease.

That said as a landlord I absolutely want to know who is staying within the property. If somebody claims 2 people on the lease and I find out 3 people are living there I would move to have them resign the lease after a new background check on the new tenant. Or evict them all together. It is a liability having people living within the property who arent on the lease.
 
Most leases state 30 days, but again as every other person is saying, you need to reread your lease and check state law.

If either of them say more than 14 days, tell your landlord to suck your dong and follow the law.
 
Your landlord sounds terrible.

My HOA has a similar clause in that no person other than my family members or people listed on a lease for my house are allowed to stay overnight more than 10 days in any 12 month period. They do this to prevent short term rentals....

I include the clause in my lease to cover my ass, if they violate the rule then the lease contract ends and I can give my tenants a 30-day notice to move out at any point if I chose to enforce it. It basically gives me an out on the lease if I need it.

I certainly wouldn't use the rule to extort more money out of my tenants, that's just being shitty.
 
Just call a local property manager. My parents owned a small local PM business for 20+ years. You have to know these kinds of things if you're in the business. You can position yourself as a prospective renter or homeowner when you call if they aren't initially forthcoming.

For a more authoritative resource, contact your local fair housing office and request documentation on renters rights.

As others have said, however, step 1 is to thoroughly review your rental papers.
 
Paladin3 said:
The problem was she didn't know exactly what those actual costs were when we were signing the lease. I told her I couldn't sign the lease without knowing, which kind of ticked her off, so she wrote $25/water and $15/sewer into the lease per month and I signed.

Now she is saying that those terms we agreed to in the lease were not fair, and she was trying to give me a break by making the fees so low...blah, blah, blah. She feels I am not being fair or reasonable and that she will have to pay for any extra water expenses, extra wear and tear on the unit and having extra cars parked in the empty dirt lot in front of the building. I said I would pay the extra water costs if she showed me the bill, but she declined that offer. I don't think she wants me to see the bill, *shrug*.
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Tell her to go pound sand. The amount agreed upon is all you are responsible for. It was her suggested amount anyway.

I do feel for the landlord in that her lease was not thorough enough to mention anything about "guests" which I can understand to a certain point. She is feeling regretful for the omission and worried she is going to gain an extra tenant without anythign to show for it. Have a civil discussion with her and let her know what yoru intentions are. IMO she is approaching it very badly as evidenced by yoru desire to leave. "I can do what I want" lol

Paladin3 said:
Now, ATOT, here is where you can heap your scorn and disgust upon me. I made the colossal error of signing my lease in the empty apartment and taking her word that she was headed home to scan and email me a copy. I know, stupid, stupid, stupid! So far I haven't received it, though she again promised to send it to me when we spoke today.
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Sorry but this was foolish. Always get a copy asap and bother the hell out of the landlord if/when they delay. I like to sign the lease and then run off copies right in front of the new tenant so we all have it.
 
Thank you all for the advice, and letting me vent.

My landlord and I had another rather "spirited" conversation on the phone, with me telling her I wasn't paying a dime in "fines" because I hadn't violated my lease, and even if I had she had no right to fine me. She had threatened via email that if I didn't pay I could consider myself served a 30 day move out notice. I said I'd need it via certified mail, along which the reason she believed I had broken the lease.

She yelled at me that my rent was due on the first, wished me a sarcastic good day and hung up.
 
Paladin3 said:
Thank you all for the advice, and letting me vent.

My landlord and I had another rather "spirited" conversation on the phone, with me telling her I wasn't paying a dime in "fines" because I hadn't violated my lease, and even if I had she had no right to fine me. She had threatened via email that if I didn't pay I could consider myself served a 30 day move out notice. I said I'd need it via certified mail, along which the reason she believed I had broken the lease.

She yelled at me that my rent was due on the first, wished me a sarcastic good day and hung up.
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Well, this situation may be a blessing in disguise. Had a more serious issue happened, they might have been considerably more difficult to deal with. I'm sorry it turned out like this but hopefully you can move into a unit with a more grounded landlord.
 
Paladin3 said:
Thank you all for the advice, and letting me vent.

My landlord and I had another rather "spirited" conversation on the phone, with me telling her I wasn't paying a dime in "fines" because I hadn't violated my lease, and even if I had she had no right to fine me. She had threatened via email that if I didn't pay I could consider myself served a 30 day move out notice. I said I'd need it via certified mail, along which the reason she believed I had broken the lease.

She yelled at me that my rent was due on the first, wished me a sarcastic good day and hung up.
Click to expand...

repeat: your landlord sucks
 
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