No guest clause, verbal agreements?

My fiancé is currently leasing one bedroom with its own bathroom from a private home owner. The lease is very basic describing nothing more then a maximum occupancy of 1 person. There is nothing in the lease to cover guests or visitors. The lease ends April 1st of 2008. I am a full time student and would like to visit on a few weekends a month to go skiing with my fiancé.

I spoke with his landlord about staying up there for approximately three weeks over my winter break. She stated that this would not be a problem but that she would appreciate if I would make a financial contribution towards utilities. I agreed and while no amount was discussed, one week later I gave her a $100 bill, which she accepted. Six days into my time up there she approached me and stated that I was infringing on her personal time and not only could I not stay up there the remainder of the time agreed upon but that I could only stay one weekend per month.

Question number one: Even though there was no written agreement for the time I was to spend over break, does her acceptance of the money for utilities constitute her acceptance of my staying there?

Question number two: Is her stating that I am not allowed to stay more than one weekend a month legally binding? My fiancé has not agreed to this and the lease has not been amended.

Question number three: What is the legal definition of occupancy?

I do not have my own key to the residence but I am sometimes there alone for a few hours at a time each day. Thank you for your help.

[OHlandlord]

Darn! I had the entire post written and lost it. Here it is again.
1)Accepting a few dollars for utilities does not make you a tenant or give you a right to stay there.

2)Her lease is for one person. You wish to stay 3 weeks + a couple weekends a month. 21 days (the 3 weeks) + assuming 2 weekends a month for the next four months = 29 days of the 150 day period (December - April). That's nearly 20% of the time. No LL is going to allow occupancy by double the number of residents on the lease 20% of the time. Sorry, but you are asking for too much considering this is only a bedroom in the owner's house. The law is different for renting out a room in your own house than it is for renting out a separate apartment. Had this been an apartment, you may have been able to stay some of that period. But there is more leeway for the owner who only rents out a room in determining what is or is not allowed.

3)Occupancy definitions vary by place. Generally 30 days of residency and other qualifications are needed. (Having a key, getting mail there, having utilities in your name, paying rent, having no other residence - are some of the tests of occupancy.) You do not qualify. You are a guest in the owner's home.

You need to look at this from the owner's point of view. Your GF applied for the place, was screened, and a lease written so the owner would know who she was letting into her home. Now you show up. She has no information on you, doesn't know you, hasn't screened you. She doesn't know if she can trust you. Yet you are being left alone in her home with all her possessions. And you plan to be there a considerable amount of time.

Your GF is probably pretty quiet when you're not there. She probably takes up little of the owner's time or space. She probably utilizes the common areas quietly with no disturbances or inconvenience. Now there are twice the number of people in her common areas. The utilities will go up because more people are using water and electric (thus the request for utility reimbursement). And there may be personal feelings at play here too. There are probably PDAs, you're sleeping together (she may hear you!), you eat and cook there (are you cleaning up well?), are all your possessions in the GF's room (or are coat, shoes, etc. in common areas?), you are probably more noisy than when she's alone, and so forth. As the LL said, she feels you are infringing on her personal time (and space).

You need to have a polite talk with the LL. Possibly offer her your information so she can see you are trustworthy. Make yourselves scarce when you are there (watch TV in the GF's room, go out to eat sometimes, be quiet, clean up well, spend time away from the unit - movies, attractions, free event, museums, etc. - Basically don't disturb or interfer with her use of her home.) If you are cooperative, respectful, and willing to work this out, she may well be too. Good luck.

Nice answer!!

I had a similar problem recently. Good advice,