Recently the landlord has expressed disagreement on my visitation right and did inform my girlfriend that I can only come twice every 15 days because the landlord did not like to see me every time when my girlfriend opens the front door. The landlord said that I am here everyday and did not like the idea. My girlfriend and I are upset with the landlord that I did inform her “I (the only guy) have the right to visit my girlfriend at anytime only when she is home as part of the rental contract” as well as stated my visitation right on the contract. My girlfriend and I have talked to the landlord along with her attorney today to try to find a solution for both parties even though I do not need to negotiate with her since the contract is clearly stated my visitation right! The landlord’s lawyer has stated in her favorite (of course he did since he works for her) that the contract term may not necessary hold up (valid) in court due to term not specific enough. What is my legal option?
I helped (typed a rental contract) my girlfriend (tenant) 2.5 weeks ago to rent a room from a woman (landlord) who own a house (either still paying for the mortgage or completely paid off) and live there also. Before they (tenant & landlord) signed the rental contract, the landlord has stated that she does not want guy(s) to be in the house. That raised my concern and immediately I have informed the landlord that I (the only guy) have the right to visit my girlfriend at anytime only when she is home as part of the rental contract. The landlord said sure and no problem. I have also put the visitation right in contract stated as follow: “EXTRA VISITORS: The Renter can invite the following visitors: ___BOYFRIEND NAME____ to visit anytime and stay overnight occasionally. Other visitors may need to be notified to The Owner.” I informed her to take time to read the contract carefully and agree to all terms before signing.
Since signing the contract, I have been coming to my girlfriend’s room only (with door closed) from the front door through the living room, use the bathroom (no shower) when necessary, and help her cooking in the kitchen only if she needs help (I helped her twice). The first two weeks I helped my girlfriend to setup furniture (sofa bed, computer desk, entertainment center, small refrigerator, etc.), cleaning (floor, windows, closets, etc.), and other tasks to make her room looks comfortable. Since my girlfriend has 3 jobs, I only come to visit her between the hours 3:10pm to 3:55pm (break between 2 jobs), 10:35pm to 11:30pm (she needs ride home after work and spends time with her to talk about the day), and her days off (usually 2 days/week during afternoon after 2:45pm to 11pm or in the morning between 9am to 3:50pm), Christmas Day morning around 10:30am and evening no later than 11pm). I did spend the first night until 2am to set up her sofa bed for her to sleep on.
I never did spend overnight in her room even though the contract has allowed me to do so occasionally. The landlord has used excuses: noise – we do not make unnecessary noise except when opening old doors and walking on old hard wood floor; arguing with me on contract keywords such as “visit” means not everyday, “occasionally” means not visit everyday even though the word intends to apply on overnight stay only, etc. What would you do? I did inform the landlord and her attorney that I will vigorously held her accountable with the rental contract (my visitation right) under the law!
What Is My Legal Option? Landlord VS. My Visitation Right Under Rental Contract?
Posted in Landlord Tenant Law.