New York, NY asked in Landlord - Tenant for New York

Q: My partner is dealing with a landlord issue & I have some questions.

I sleep over at my girlfriend's house 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, she lives in Long Island & I only do visits & had no intentions of moving in. Sometimes I sleep over for just a night & the longest I've slept over was 2 weeks. While I was here with her, her landlord texted her that I must leave now or she would kick her & her roommate out, even though there's nothing on the lease that stops her from having guests. Are there any legal issues with me sleeping over? Does her landlord have leverage if taken to court?

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1 Lawyer Answer

A: Dear Brooklyn Tenant

I responded to your issue on another online forum.

Your girlfriend's landlord does not have a lease provision for restricted overnight guests or even a two week visit.

But your girlfriend resides in a jurisdiction that has not embraced Good Cause Eviction. This means that the landlord is not obliged to renew the lease when it comes to the end of the current term.

So if being right about your right to visit and even stay over is more important to your girlfriend than keeping her home.....

Tim Akpinar agrees with this answer

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