Lease says no overnight guests for more than 3 consecutive nights—can they actually enforce that?
#1

Okay, hive mind. I'm close to signing a renewal in a small pre-war building in Washington Heights. The new lease has this sentence about no overnight guests for more than three consecutive nights without landlord's prior written consent. My partner is planning to visit for 10 days in the spring. I have never had this clause in 11 years of renting here! The landlord is also trying to make me list every regular guest on a rider. I pushed back and the broker said it's standard. Is this actually enforceable? I know NYC tenant law is weird about primary residence and guests, but three consecutive nights?? That's my apartment when I'm paying rent! Has anyone challenged this or gotten a rider removed? I don't want to pay a lawyer to tell me it's probably unenforceable. Also, have you tried asking the tenant hotline? I always mix up the numbers!

#2

Wait, this is a thing? I just moved into my first studio in Astoria and my lease says something like no guests longer than 2 weeks without permission? I thought clauses like that were totally normal. But 3 nights seems aggressive. Does 'consecutive' mean if he leaves for one night and comes back it resets? I'd just have him sleep at a friend's one night to be safe lol. But following because I'm scared my landlord will evict me for having my mom visit for a week.

#3

Three nights is on the stricter side, but most standard leases have some version of the guest clause. In practice, the landlord isn't standing outside counting nights unless your name's on the buzzer and you're basically living there. If your partner has a primary address somewhere else and you're not adding them to the lease or taking rent, a 10-day visit is not going to get you evicted. That said, don't be a hero—get the request in writing if you can so it doesn't become a lease violation when renewal time rolls around. Also check if you're stabilized; enforcement is even more toothless.

#4

Right?? That's what I thought—primary residence is the key! The rider asking me to list every regular guest is what really sent me. Like, do I need to list my building's mail carrier if they stand in my doorway? The broker says it's for fire safety but the lease doesn't say anything about a building occupancy limit. I checked the HPD site and it says the apartment can't be occupied by more than the legal number, but a guest isn't an occupant! Have you tried calling the Met Council housing hotline? I keep hearing they do free intake. I just want to cross out the prior written consent part and initial it, but the landlord is acting like I asked to sublet the kitchen.

#5

Ok I looked at my lease again and it says 14 days, not 2 weeks lol. I asked my super about my mom coming and he just said 'as long as she doesn't get mail here, nobody cares.' That made me feel better. Stan, I hope your landlord calms down. Did you try crossing it out? My coworker said you can negotiate lease terms before signing but I've never done that. Let me know what the hotline says!

#6

Yeah, your super is more realistic than half these management companies. If you cross out a clause, get both you and the landlord to initial, but a lot of landlords won't accept edits. A better move is an email from you saying 'confirming my partner will visit [dates], does not stay more than X consecutive nights, maintains permanent residence elsewhere.' Then you have a paper trail. If they still push back, it's a red flag but maybe not a dealbreaker. Also, if the landlord's prior written consent is unreasonable, you can just not ask and let them try to enforce it in housing court—they won't.

#7

The email trail is a great call. I already drafted one but I think I overloaded it with legal-ish language and now the broker says 'we can't have a back-and-forth.' LOL. I also found that the three-night thing might be borrowed from a co-op house rules sheet—not even an actual lease clause. Have you tried requesting a copy of the house rules plus the building's certificate of occupancy? That's where the real maximum stay language hides sometimes. I'm going to call the hotline tomorrow and also ask if the 'list all regular guests' rider violates my privacy rights under the lease's quiet enjoyment clause. I'll report back!

#8

Wait, a house rules sheet? Is that separate from the lease? I don't remember getting one. Should I ask for it before I sign? Also, is quiet enjoyment an actual legal thing or just a phrase? Sorry if that's dumb, I'm still learning. My super is great but the management office is impossible to reach. If I ask for the certificate of occupancy, will I sound difficult? I just don't want to get stuck with a clause that bites me later.

#9

Yeah house rules are usually separate and can sneak in stuff like no guests after 11, no instruments, no packages left in hallway. Ask for it. Quiet enjoyment is a real covenant in most leases—it means your right to use the place without unreasonable interference. Asking for the C of O might get you a weird look, but you can look it up on the DOB BIS site if you're really worried. For a guest clause, don't overthink it. Half the city has someone staying over on and off; management only cares if it looks like they moved in. Keep the visit temporary, don't add them to the buzzer, and you'll be fine.