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  1. #1
    Join Date
    Apr 2009
    Posts
    4

    Unhappy Restricting Subletting of a Unit

    My question involves landlord-tenant law in the State of: New Jersey

    Hi
    I am renting out my unit and wanted to know as to how long can 'guests' of a tenant reside in the rental legally without encroaching the sub-lease terms?

    Can i put in terms in my lease that 'guests' of the tenants cannot stay for period of more than 'X' days? Is that legally allowed in NJ?

    How do i find out the maximum permissible occupancy of a unit -- for a 2 BHK 900 sq ft and a 3 BHK 1400 sq ft home?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Restricting Subletting of a Unit

    Are you doing this ad hoc? If your local government regulates the renting of residential premises, you may need a license and inspection, and they should tell you the maximum occupancy. Also, local zoning regulations may set a maximum occupancy.

    I do not suggest drafting a home-brewed lease. I suggest using a professionally prepared lease (often available at office supply stores) specific to your state, or having your lease drafted by a real estate lawyer. It's too easy for somebody who is drafting their own lease to make mistakes that create vague or ambiguous terms, or which needlessly violate landlord-tenant or consumer protection laws.

    Leases often do contain provisions about overnight guests, and when a guest who has spent a certain number of overnights is to be treated as an occupant (perhaps with an additional rent charge). I don't see a hard-and-fast rule for what provisions would be deemed unreasonable.

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