I received a letter from my landlords lawyer warning me of eviction if I do not remedy a breach in the lease. The tenant downstairs claims my girlfriend is permanently occuping the apt. w/ me. The lease states 1 occupant, my girlfriend has a set of keys and spends a significant amount of time here, she does not live her, there is no clause in the lease pertaining to the number of keys allowed per unit/occupant(the keys are not stamped "do not copy"), and there is no clause limiting the number of days a visitor can stay at the property. Before I pose an argument I need to find out if my actions breached my lease despite the fact that the accusations are not specifically mentioned. Thanks

Since there is no specific number of days listed, then it is vague, and what is considered living there to the landlord and what is living there to you will have to be decided in court at the eviction hearing.

With your own admission she spends a significant amount of time, so it appears she does live there a lot, so that sounds like she is living there to me.

In most of mine while spelled out, out of town visitors max of 2 weeks, and intown max of two nights in 30 day period

I would say that of course it will be hard for him to prove you have her there all the time, but then courts more often side with the landlord in eviction cases.

A judge is likely to rule that if she spends more than half the month there she is living there. If she gets mail there, that will be a clincher.

Frankly, I can't see why a landlord would evict on just those grounds, so I suspect there is something else involved and that is just the excuse.

Let them take you to court. Have your girlfriend bring the lease where she lives and a letter from the landlord showing she is paid up. In addition, have her bring her utility bills, etc. that show them billed to her address.

In my state you would win.

You both need to be staying at her apt and let the situation at your apt cool down. Something has triggered the downstairs neighbor to complain to the landlord - noise, trash, banging doors in the middle of the night... DocMartins on the stairs... whatever... the burden would be on you to prove she is not living at your apt, not the other way around since the downstairs neighbor is obviously going to report your GF's comings and goings.

Hello Lynxs:

When most people receive a letter from a lawyer, they lay down.

Me? When I get one, I look for the tone of the accusation and the verbiage he used, and then I write one back just one step harsher and more threatening than he was.

By the way, I believe you are absolutely in the right here, both legally and... (what else is there?).

So, instead of hiding, or laying low, or making excuses, or timing your gf's visits. Write him back, and tell him she doesn't LIVE there, and evict your brains out. He'll have to prove his accusations in court. But if he's wrong, he'll pay through the nose. Tell him, you'll see him in court.

excon