Source
r/Calgary•
calmlion7

Overnight guests in lease

Hi guys! I'm moving to Calgary this summer before I start graduate work at U of C in the fall. I was just about to sign a lease at this great place I found before I noticed that the landlord had included "no overnight guests" as one of the 'house rules' that need to be followed. Does anyone know if this is actually legally binding or grounds for eviction?

The reason I ask is because my boyfriend will also be in Calgary. He has his own place and we can spend time there too, but I want to have the option of him staying over once or twice a week.

I'm from Ontario and I have literally never heard of a landlord expecting this, nevermind including it the lease. I'm not sure if this is an Alberta thing or maybe a COVID-related thing, but I did see "no overnight guests" in lots of rental listings.

Any advice on how to approach this situation - legally or otherwise - would be greatly appreciated!

EDIT: This is a bedroom in a shared flat with one other roommate. I could also be in touch with her and see how she feels about the situation.

Posted Mar 20, 2021, 4:27 AM UTC · edited

121
marcoyyc•

I think all of the leases I’ve signed, in Calgary and BC, have stated that I couldn’t have overnight guests for a period of more than 7 or 14 days in a row without permission.

Never for one night.

26
UrbanDecay00•

Lots of leases have this, i’ve noticed. It’s more than likely to do from a legal standpoint incase there’s a fire, or other roommates living within the home (typically see it in shared accoms) Id just let the landlord know you’d plan on having your SO over now and then and see how they respond to it. Just don’t sign anything until you have an answer and preferably in writing incase they decided to change their mind.

16
MissIntoTheWildCrescent Heights•

Totally agree. I’ve been renting for many years and have seen this on a few of my lease agreements (it’s not that unusual). It’s irritating to not have control over your own living space and feel like you’re being treated like a child, but I also understand why landlords include it, especially when it comes to shared accommodations.

The landlord doesn’t want the risks/liability associated with a stranger being in the house. Those risks can include property damage, theft, noise/disturbance of the other tenant, or the slippery slope where an occasional overnight guest is no longer occasional. COVID also complicates things these days of course as far as close contacts and such.

The scenario you are describing with your boyfriend sounds totally reasonable, and most reasonable landlords would not have an issue if you discuss it with them beforehand and explain your situation. However, as noted above, I would do so in writing (e.g. email).

0
juuicymember•

Unless your renting just a room in a house.. then you can have anyone over u pretty much like .. I rented a basement apartment once and the landlady who lived upstairs told me I couldn’t have my girlfriend over more then twice a week .. I told her to beat it pretty much .. she tried to serve me eviction notice saying I was the only one on the lease and the judge person told her that unless they getting mail there then they don’t live there and I rented the space so she can pretty much live with it until the term of the lease ...

11
Billyisagoat•

My friend had a landlord out this in his lease. The landlord was batshit crazy and was over all the time.

They probably should've picked up on how intense he was when they met him. So your mileage may vary.

7
boohooboi•

Care to explain what made the landlord crazy?

1
Rayeon-XXX•

well he was over all the time for one

3
Billyisagoat•

It was a long time ago, but I remember my friend moved out after 6 months. There were other rules like no guests after 9 pm, parking was heavily regulated even though the street was public, something about the laundry too. I think the landlord made a rule everytime something went slightly wrong.

2
bhowax2wheels•

Nothing more annoying than an overbearing landlord, I'd find a new place

6
Academic_Telephone•

Having lived in a place where a landlord included this in a lease, my advice would be find another place. Landlords who include this usually are not the kind you want to be renting from.

5
alexwilliamns•

My sister had something like this in a contract once. She just asked “Hey, from time to time, is it okay if...”

She’d always just let the landlord know. It might come from a liability standpoint. Like if there was a fire or something. Just to know who all was on the property. (Just my guess and why I’d put that there as a landlord.)

4
calmlion7OP•

Makes sense - I think I'll just be upfront with him too. Hopefully he will be flexible. Thank you!!

1
alexwilliamns•

Hope it helps! Welcome to Calgary!

2
curtandmorty•

Whoever wrote that lease agreement has no idea what life is all about... I have never seen this written into a lease agreement before. Honestly I hope this isn't your only resort. If you are able I would keep looking, because would you really enjoy renting from such a closed mined control freak? Good on your house hunt, I hope you can find something better.

4
MapShnaps•

You might be better off asking this in r/legaladvicecanada. There are differences in legalities between renting your own space vs. shared spaces. That subreddit also tends to offer more informed opinions other than a bunch of random redditors.

3
Umbrae-Ex-Machina•

Well they probably had an experience with a bad tenant who moved in an extra person unwanted.

A landlord only has recourse against a person on the lease afaik, so it can be a real problem if someone else is basically living there and causing damage or smth.

1
MidniteProph•

I've never seen that in a lease and it seems unreasonable to me. It's a renters market right now so I'm sure you can either negotiate or find something better

1
NoNameKetchupChips•

Depending on your budget you can probably find a studio apartment for the same price as what you'd be paying to rent a room in a place with strict rules that are unfair.

​

https://www.rentfaster.ca/ab/calgary/rentals/apartment/1-bedroom/triwood/pet-friendly/359909

0
boohooboi•

I can tell everyone in this sub has never been a landlord. It's definitely not unheard of to not allow overnight guests mainly due to liability. Insurance only covers certain number of occupants and if there was a fire, the landlord might be SOL if they discover there were more tenants than reported. Also, the landlord isn't able to control the guest so if they make excessive noise, damage things in the house, or cause disturbance to other tenants, it could lead to the other tenants leaving particularly if the guest is over repeatedly.

-4
Potaoman•

I don’t have info on the landlord thing cuz I’m pretty young and haven’t moved out yet but you HAVE to check out calaway park, the Calgary tower, the botanical gardens downtow and the zoo. Hope this helps you enjoy it here:) also we all drive like idiots on crowchild trail, shaganappi rd and Sarcee trail

Edit spelling lmao

-9
calmlion7OP•

Amazing, thank you for the recommendations! I will definitely check those all out - I am so excited to get out there:)

2