Q: I live in Brooklyn. My girlfriend lives in Long Island. I sleep over her house sometimes. Her landlord has an issue.
I sleep over my girlfriends sometimes. Her lease says nothing about having guests coming over & I've been visiting for over 3 years. Recently, her landlord had an issue with me sleeping over even when she's been aware I've been coming over for years. I primarily live in Brooklyn & only do visit & had no intentions of moving in. Sometimes I sleep over for just a night & the longest I've slept over was 2 weeks. While Im here with her, her landlord texted her that I must leave now even thought there's nothing on the lease that stops her from having guests. Is there any legal issues with me sleeping over? Does her landlord have leverage if taken to court?
A:
Dear Brooklyn Tenant
If you moved in permanently as a Roommate the landlord has no legal basis to complain.
But even without the landlord having a just cause to complain about your visiting overnight from time to time your girlfriend is the one who has to deal with a landlord who doesn't know she is wrong.
Your girlfriend does not reside in a Good Cause Eviction jurisdiction in New York since no towns, cities and villages on Long Island have adopted this new statute.
So think about what good it does your girlfriend to be right that having you stay overnight or longer is not a lease violation if her landlord doesn't need to have a good reason to refuse a lease renewal.
Jack Mevorach agrees with this answer
A:
Your situation involves a disagreement with your girlfriend's landlord about your overnight visits. If her lease doesn't prohibit guests, you generally have the right to stay over occasionally. However, frequent or extended stays, like two weeks, might lead the landlord to believe you're living there without being on the lease.
It's important to review the lease agreement for any clauses regarding guests or occupancy limits. Some leases specify how long guests can stay before they're considered residents. If those limits are exceeded, the landlord might have grounds to take action.
To resolve this, consider discussing the matter with the landlord to clarify your status as a guest. Understanding their concerns might help you find a solution. If the issue persists, seeking legal advice could help you understand your rights and obligations.
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