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rsw6787 · May 9, 2012, 08:43 PM

I have a 2 person lease in Pennsylvania. My girlfriend who is not on the lease would stay over a couple nights a week with me. My landlord is now trying to charge me an extra 500 dollars for her staying a couple times a week. There is no limitation listed in the lease on guests of any kind.

Fr_Chuck · May 9, 2012, 09:55 PM

No, the landlord can not charge you for anything that is not in the lease.

rsw6787 · May 9, 2012, 10:29 PM

Originally Posted by Fr_Chuck

No, the landlord can not charge you for anything that is not in the lease.

Thank you for the response.

According to PA law "The tenant also shall have right to invite to his apartment or dwelling unit, for a reasonable period of time, such social guest, family or visitors as he wishes so long as his obligations as a tenant under this article are observed."

What is considered "a reasonable period of time" in Pennsylvania? I just want to be totally sure in case he decides to try and take me to small claims court. The apartment is zoned for 2 people (my roommate and myself on the lease), but again there are no references or limits to overnight guests in the lease.

ScottGem · May 10, 2012, 03:27 AM

A few days at a time is within a reasonable period.

Just consider though, if you defy the landlord on this (and I'm not suggesting you agree to the charge), be prepared to move when the lease is up. You don't want to be in an apartment where the landlord doesn't like you.

As for taking you to small claims court, that ain't going to happen. However, what he can do is give you a vacate order for violating the terms of the lease. If you don't vacate, he takes you to housing court for an eviction order. You go into court armed with your lease and the law and show that you have not violated the lease.

joypulv · May 10, 2012, 05:24 AM

Does your friend have a car there when staying over, and does your lease limit the number of cars?

rsw6787 · May 10, 2012, 08:55 AM

It's a by semester college lease. My lease ends in 5 days and I moved out after finals yesterday. He is now going after me for additional money as well as my deposit for her staying there a couple nights a week.

There is a 2 car driveway and street parking for anyone. At any rate there has only ever been a maximum of 2 cars at the house at any time because she parked elsewhere.

It just seems to me that this boils down to a judge deciding what "a reasonable amount of time" is since the law doesn't define it.

ScottGem · May 10, 2012, 09:25 AM

Ahh that makes a difference. Basically he doesn't want to return the deposit so he's trumping up this charge hoping you will forget about getting the deposit back.

rsw6787 · May 10, 2012, 09:52 AM

Basically what I'm asking is. If its zoned for 2 people (roommate and myself on lease), and I had an overnight guest a couple nights a week, and there is no limitation set in my written lease can my landlord take me to court and win? If it boils down to "a reasonable period of time" is a couple nights a week over that amount?

ScottGem · May 10, 2012, 11:55 AM

Actually now that you explained the whole situation, I don't think it's a matter of him taking you to court. I suspect, that he will send you a statement and bill for additional costs. And apply your deposit towards those costs. If you don't pay, he won't go to court over it, but it will keep your deposit. You would have to take him to court to get your deposit. From there it would be up to a judge, 2-3 nights a week doesn't sound excessive, but it that was every week a judge might side with him.

AK lawyer · May 10, 2012, 05:52 PM

Originally Posted by rsw6787

Basically what I'm asking is. If its zoned for 2 people ...

That in itself is very unusual. Normally zoning codes regulate how many residential units are allowed, not how many people. A single family would be able to live in a residential unit.

In any event, what the zoning allows has no bearing on what the landlord can charge you.

AK lawyer · May 10, 2012, 06:00 PM

Originally Posted by rsw6787

...
According to PA law "The tenant also shall have right to invite to his apartment or dwelling unit, for a reasonable period of time, such social guest, family or visitors as he wishes so long as his obligations as a tenant under this article are observed."
...

It would be good if you would cite the law you are quoting, so that we can determine if it applies. It appears to be redundant: you rented the apartment and (unless specifically limited by the terms of the lease), you can have a couple dozen people living there full time "... so long as [your] obligations as a tenant under [the statute you quoted from] are observed."