Rental Privacy: Guest Stay Limits and Illegal Landlord Actions

When you move into a rental, you have the right to privacy and the quiet enjoyment of your home. In general, this means that your landlord does not have the right to interfere with your use of the property, drop in unannounced, or monitor your private life. While landlords have a right to protect their property and business interests, there are certain legal boundaries they must not cross.

Here's what you need to know to distinguish between acceptable lease terms and illegal invasions of privacy.

Limits on Guests

It's perfectly reasonable for you to have friends or family stay over at your rental from time to time. However, landlords are legally allowed to include rules in the lease or rental agreement that limit the length of guest stays. The main reason that landlords include such rules is to prevent a guest from gaining status as a tenant, without ever having been approved or vetted by the landlord.

While there's no hard-and-fast rule about how long a guest must stay to be considered a tenant, it's safe to say that if a guest stayed longer than two weeks during a six-month period, they might begin to be considered more than just a guest. Other factors that might suggest a visitor is becoming an unauthorized tenant include:

• receiving mail at the rental
• moving in significant personal items or furniture
• having a key without the landlord's approval, and
• contributing financially to the rent or utilities.

Once a guest starts moving into tenant territory, it's reasonable for a landlord to require them to apply to be a tenant so they can be added to the lease. By adding the person to the lease, the landlord can raise the rent to account for the additional wear and tear on the property caused by another occupant, and can use traditional eviction procedures in the event that they need to remove the person from the rental.

To set a clear line, many leases contain provisions requiring tenants to get landlord approval for any guests staying longer than 10-14 days. Check your lease or rental agreement for any rules that apply to your tenancy, and be sure to adhere to whatever notice procedures are required.

When Are Guest Limitations Unreasonable?

A landlord who requires tenants to register any and all overnight guests, even if the guest is staying only a night or two, might be overstepping. A strict rule like this infringes on the tenant's right to reasonably use and enjoy their rental, and could be an invasion of privacy if the landlord's main motivation is simply to know what's going on in the tenant's life.

If you encounter a lease or rental agreement with a provision greatly limiting guests in this manner, inquire about why the landlord has such strict requirements, and think twice before signing and moving into a rental where the landlord plans to have this much involvement in their tenants' lives.

Landlord Invasion of Privacy and Harassment

Your lease or rental agreement grants you the exclusive right to use your rental. A landlord's constant interference or surveillance can cross the line into illegal harassment. If your landlord engages in any of the following activities, start tracking the occurrences and take action if necessary to protect your rights.

Unauthorized Sharing of Personal Information

Due to the nature of your relationship with your landlord, your landlord is privy to sensitive information regarding your finances, rental history, and contact details. They should not share this information with others without your permission or a legitimate, legal reason.

Legitimate reasons for sharing your information might include emergencies or in response to a court order. Additionally, landlords can share your information when they've received permission from you—for example, if you need a reference for applying for a new rental or a loan. The best practice for both landlords and tenants is to give written—not oral—permission to share information, and to limit in that writing exactly what can be shared.

If a landlord shares your personal information without permission or a solid business or emergency reason, it could be a privacy violation.

Excessive Contact

Your landlord should have your contact information (both personal and work) in case of emergencies. However, they should not be using this information to contact you excessively or to use it as a tool for harassment.

Especially concerning is persistent, non-emergency, or embarrassing calls or contact at your workplace. Without a legitimate business reason for the contact, this is likely a form of harassment, and you are well within your rights to demand that the landlord stop this contact.

If you believe that your landlord's contacts are excessive, send a formal, written letter demanding that the landlord cease non-emergency or non-business contacts immediately. Keep a copy of the letter for your records.

Surveillance and Spying

You have an expectation of privacy inside your home. Nosy interrogations, stalking, and unauthorized surveillance can be grounds for an invasion of privacy lawsuit. These intrusions might take the form of:

• Illegal entry to unit: In most states, landlords must provide proper written notice to enter your rental (usually 24 to 48 hours) for routine, non-emergency reasons such as showing the unit and making repairs. (Landlords can always enter in the event of a true emergency.) Entering without proper notice or a valid emergency is a form of trespassing and a breach of privacy.
• Undisclosed monitoring: Landlords can't install covert cameras or listening devices inside your unit. Some undisclosed monitoring outside your unit—such as a hidden camera monitoring your comings and goings—might also violate your right to privacy. If you discover a landlord is spying on you, document the evidence and seek legal counsel immediately.

Sexual Harassment

Harassment of a sexual nature is a form of sexual harassment. Both state and federal laws prohibit sexual harassment. This is one of the most serious violations a landlord or property manager can commit.

Sexual harassment often falls into one of two categories:

• Quid Pro Quo (This for That): When a landlord conditions a housing benefit, such as repairs, lower rent, or a lease renewal, on the tenant submitting to an unwelcome sexual advance or demand.
• Hostile Environment: When a landlord's unwelcome sexual conduct, such as inappropriate comments, touching, or persistent and serious advances, is severe or pervasive enough to interfere with your use and enjoyment of your home.

If you're experiencing this behavior, document everything, including the dates and times of the contacts and what happened. Note any witnesses who observed the behavior or its immediate aftermath. If you fear for your immediate safety, call 9-1-1 or contact the police. Also, contact an attorney or the local fair housing agency as soon as possible—they can assist you in filing a fair housing complaint or lawsuit for damages.

Key Takeaways

As soon as you have a sense (even if it's just a small, nagging feeling) that your landlord is overstepping boundaries or making you uncomfortable, start to document the occurrences. Your first step in asserting your rights usually is to formally demand in writing that the behavior stop. However, if at any point you feel in danger, contact law enforcement immediately. You are entitled to feel safe and secure in your home at all times, and you should never tolerate an intrusion upon your privacy from your landlord or property manager.