Do I have to have fewer than four people at my party?

Question: I signed a new lease and moved in without any problems. A couple of months later, after my landlord noticed that my visiting mother had spent a couple of nights at my apartment, the landlord pointed out a provision in my lease that I had never noticed. This section of the lease said “no overnight guests allowed” and “the tenant is charged $30 for each night guests stay overnight.” As if that were not bad enough, it also states that “no social gatherings of more than three people are allowed.” Can these provisions possibly be valid? My sister and mother visit on occasion, and sleep over, and I cannot imagine why I would not be permitted to offer lodging to one of my relatives or friends for a night or two without being charged?

Answer: In general, landlords have an interest in ensuring there are no unauthorized occupants and that large social gatherings do not disrupt the quiet enjoyment of other tenants. Such concerns are typically addressed by lease requirements dealing with the number of occupants allowed or a permissible length of stay for guests. In your case, there is no permissible length of stay without a charge.

Landlords cannot enforce restrictions on guests because of certain characteristics such as age, race or gender. Prohibiting guests of the opposite sex or children from staying overnight, for instance, would be deemed against fair housing laws.

In your case, the provisions in your signed agreement seem to apply neutrally to all guests. Extreme provisions of this type, whether requiring registration of guests or charging for a single overnight visit, can in certain instances be deemed an invasion of privacy.

We suggest you contact your landlord to try and have these strict provisions removed by your landlord by arguing that their extreme nature constitutes an invasion of privacy. Consider contacting a local fair housing or mediation program, or Project Sentinel at (888) 324-7468 or visit our website at https://www.housing.org.

Van Deursen is director of Dispute Resolution Programs for Project Sentinel, a Bay Area nonprofit. Send questions to info@housing.org.