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  1. #1
    Join Date
    Oct 2005
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    2

    Default Party Clause in Lease

    Myself and 4 other roomates signed a lease for a house at the beginning of August. There was a section within it that stated if we were going to have more than double occupancy in the house it would be considered a party and we would have to clear it with the landlord two weeks in advance. She also reserved the right to not allow us to have such a party. My question is whether or not this is a legal thing to do. Can she actually govern the way we live with the lease?

  2. #2
    Join Date
    Sep 2005
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    Default Lease Provision Against Parties

    I have no idea what you mean by having "more than double occupancy in the house" - you say that there are already five people living in the house.

  3. #3
    Join Date
    Oct 2005
    Posts
    2

    Default

    My apologies, hope this clears it up:
    c) Parties: Tenants are to obtain from the landlord permission to have a party in excess of ten people two weeks prior to the party date. Landlord and tenants shall agree to the party date. Landlord reserves the right not to agree with party date or dates. If tenant has a party in the excess of ten people with out permission from landlord, the tenants will be assessed a fee of $ 150.00, which shall be made payable by the next monthly rental payment. SUBLETS ARE NOT ALLOWED TO HAVE PARTIES OF ANY KIND AND ARE SUBJECT TO THE ABOVE FINE. The landlord is not responsible for any action or actions of any actions that would be attending these parties in anyway or manner. Tenants are fully responsible for any actions of the persons that would attend these parties (including any actions of the attendees on the property of the owners and any other damages or actions in the area of the house, resulting from said party) including attorney fees, court fees, and repairs. The landlord reserves the right to inspect the apartment 24 hours after the party, if there are any damages, the tenants at their expense shall repair damages to the owners satisfaction with in one week after the date of the party. During these parties tenants shall not violate any regulation of the Board of Heath, Fire Underwriters per NFPA, City Ordinance, or State or Federal Laws of any nature, and shall not use the apartment for any unlawful or immoral purpose. Tenants of the house are required to have one tenant from the house stationed in the parking lot of adjacent houses at the arrival of the party guests to deter anyone parking in that lot. Tenants are also required to give a 2 day notice of a party personally to the people occupying adjacent houses.

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Party Time at bn001's House

    There may be state or local laws governing your rental which make the $150 fine unenforceable. There is probably an implied requirement that the landlord's reason for refusing a party be reasonable. But beyond that it is probably largely enforceable (although I don't know how the landlord would verify certain specific requirements imposed by the clause, without haunting the premises on the night of a party).

    Does the clause really mean "no more than 10 people, including those who live there", or does it mean"no more than 10 people in addition to those who live there"? Or "no more than 10 people including the resident who is throwing the party," but not including roommates who don't attend? It's not the clearest clause....

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