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Can I prohibit my tenants from having overnight guests who are convicted felons?


I have a building I own in NY state (not city). It is non-owner occupied. I know that I can refuse to rent to felons, but can I prohibit my tenants from having overnight guests who are convicted felons? The reason I ask is because one of my tenant's new boyfriends is a convicted rapist, and he sometimes spends time overnight at her apartment. I am worried about the safety of my other tenants. Can I put something in the lease the prohibits this or is that illegal?

I think the only way you can is if he's required to be a registered sex offender. I would call your local police or sherrif's station and ask them.

Since she is already on a lease which does not exclude having overnight guests who are felons there is nothing you can do.

However when it does become time for her to resign her lease you can add it in as a provision.

Unfortunately a contract cannot generally be amended unless both parties agree, you will have to wait until a new contract is proposed.

It may be worth your while to consult a lawyer when drafting the new lease to ensure that the exclusion is written in a legal context. It may be a tricky one to pull off.

well you can't change the terms of the lease in the middle of it for one thing.

But to answer your question, and IANAL, I would say no. Depending on the laws in your state, you may be able to prohibit all overnight guests, but not get to pick and choose which ones.

I am sure there is a fair housing authority or landlord/tenant mediation center nearby that can help you out here.

Also, you can put whatever someone agrees to in a lease, but that doesn't make it enforceable either. So you really need legal advice form an attorney that you hire and so is concerned about representing YOUR interest to advise you on this.

Your local yellow pages await your fingers to do the walking.

I think that would be illegal. You can prohibit someone committing crimes, but the fact they did in the past is not sufficient to prohibit them from the premises.

Unfortunately. thats illegal. Because he has "paid" for his crime you can't. However you can have a blanket no overnight guest policy put in the lease.

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