Skip to content
×
PRO
Pro Members Get Full Access!
Get off the sidelines and take action in real estate investing with BiggerPockets Pro. Our comprehensive suite of tools and resources minimize mistakes, support informed decisions, and propel you to success.
Advanced networking features
Market and Deal Finder tools
Property analysis calculators
Landlord Command Center
$0
TODAY
$69.00/month when billed monthly.
$32.50/month when billed annually.
7 day free trial. Cancel anytime
Already a Pro Member? Sign in here

Join Over 3 Million Real Estate Investors

Create a free BiggerPockets account to comment, participate, and connect with over 3 million real estate investors.
Use your real name
By signing up, you indicate that you agree to the BiggerPockets Terms & Conditions.
The community here is like my own little personal real estate army that I can depend upon to help me through ANY problems I come across.
General Landlording & Rental Properties
All Forum Categories
Followed Discussions
Followed Categories
Followed People
Followed Locations
Market News & Data
General Info
Real Estate Strategies
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
Real Estate Classifieds
Reviews & Feedback

Updated about 1 year ago, 10/10/2023

User Stats

14
Posts
5
Votes
Brittney Cain
  • Rental Property Investor
  • Harrisburg, PA
5
Votes |
14
Posts

Can a PA landlord ban their tenants guests from visiting them?

Brittney Cain
  • Rental Property Investor
  • Harrisburg, PA
Posted

Do any of you know the law on whether or not landlord can ban guests from visiting their tenants apartment?

I recently visited my mother, who rents the apartment, and I got into an argument with another tenant. The tenant harassed me twice this year by cussing me out and telling me that I cannot park in a specific spot in a free for all 12 parking spot lot. There are not designated parking places so I feel as though I can park where I want. She told me to move my vehicle to a different spot and I said no. I was leaving in 20 mins anyways. She called the landlord. The landlord refused to hear my mother’s side and banned all of my mothers family from visiting now. The tenant who was arguing with me lived there 20 years whereas my mother has only been there for a few years.

Is this actually legal?

User Stats

3,316
Posts
4,457
Votes
Mike Cumbie
Agent
  • REALTOR®
  • Brockport, NY
4,457
Votes |
3,316
Posts
Mike Cumbie
Agent
  • REALTOR®
  • Brockport, NY
ModeratorReplied

@Sydney Sherman @Ken Oz

I think the OP handled the suggestions and advice/opinions well. 

The root of the question is "What rights does a tenants guest have to the property"? Regardless of who is in the right and who is in the wrong? You both mentioned looking at the lease. The guest has no lease and I would contend they don't get "pass through privileges because someone they know does have a legal lease". The neighbors lease is also at play here. Neither the neighbor or landlord is going to get into a conversation or show proof of anything to someone who doesn't have a lease to the property. They would be silly to. 

A lease could allow tenants to wash cars in the parking lot. A lease could allow tenants to access the pool. A lease could allow tenants the ability to wash their clothes in a community washing room or the ability to plant stuff in a community garden. Those do not automatically allow all their guests access to those amenities. Which parking is considered in many areas.

It was specifically said "If nothing is in writing then no law could be enforced.". Civil and Criminal are two separate things. landlord may not be able to evict the tenant over it, however they could trespass someone from the property. 

The neighbor is most likely impossible to deal with. Sadly, I would contend she has the right to be impossible to deal with because she has rights to the property. Is it right? Is it wrong? Don't know, but I will stand by guests have less rights than tenants. 

DISCLAIMER: Not legal advice, just the internet ramblings of some dolt. 

  • Mike Cumbie

User Stats

14
Posts
5
Votes
Brittney Cain
  • Rental Property Investor
  • Harrisburg, PA
5
Votes |
14
Posts
Brittney Cain
  • Rental Property Investor
  • Harrisburg, PA
Replied

@Shawn Elrod thank you.. it’s hard telling if the same applies in Pa though..

CV3 Financial logo
CV3 Financial
|
Sponsored
Fix & Flip | DSCR | Construction Loans Up to 90% LTV - Up to 80% Cash Out - No Income Verification - No Seasoning Requirements

User Stats

47
Posts
16
Votes
Dan Goeckel
Pro Member
  • Rental Property Investor
  • Portland, MI
16
Votes |
47
Posts
Dan Goeckel
Pro Member
  • Rental Property Investor
  • Portland, MI
Replied

@Brittney Cain

If they have done anything unlawful, yes, in MI. I would assume the same still applies in PA. Or if they are “disturbing the peace”. You can go to your local police station and get a no trespassing order and have it served to the person, if you know their name or anything else about them, car, residence...so the police can find them and serve the document.

My wife and I did this for a guy coming and going all times of the day and night, hmmm, and had tenants complaint about the smell of pot when he was there. We knew his name and the local police department did too. So they served it within a week and all noise and problems gone since April...for now.

  • Dan Goeckel
  • User Stats

    14
    Posts
    5
    Votes
    Brittney Cain
    • Rental Property Investor
    • Harrisburg, PA
    5
    Votes |
    14
    Posts
    Brittney Cain
    • Rental Property Investor
    • Harrisburg, PA
    Replied

    @Dan Goeckel Ok thank you.. good to know..

    User Stats

    47
    Posts
    16
    Votes
    Dan Goeckel
    Pro Member
    • Rental Property Investor
    • Portland, MI
    16
    Votes |
    47
    Posts
    Dan Goeckel
    Pro Member
    • Rental Property Investor
    • Portland, MI
    Replied

    Brittney, I did not read what it was in reference to, certainly frustrating. Cooler heads prevail, hopefully the landlord relaxes a little. Have a great day.

  • Dan Goeckel
  • User Stats

    41
    Posts
    31
    Votes
    Stephen Barnabei
    • Contractor
    • Swarthmore, PA
    31
    Votes |
    41
    Posts
    Stephen Barnabei
    • Contractor
    • Swarthmore, PA
    Replied

    @Brittney Cain I own a triplex in PA but I’m not sure if it’s legal or not to ban 1 or all quests. I would imagine you can ban specific people whom you have received complaints. Most will say refer to the lease.

    My triplex has 4 spots for in the parking lot. 2 tenants pay to use 2 spots and the other tenants choose to park on the street. It states in my lease that all quests park on the street.

    It’s a tight driveway to the parking lot and I don’t need any quests accidentally hitting the property or another car in the lot, etc.

    User Stats

    8,333
    Posts
    4,344
    Votes
    Colleen F.
    Pro Member
    • Investor
    • Narragansett, RI
    4,344
    Votes |
    8,333
    Posts
    Colleen F.
    Pro Member
    • Investor
    • Narragansett, RI
    Replied

    I do not think you can bar one tenant from having any guests when others may have guests in the same building because it could be considered discriminatory, but ask a lawyer. That said you can bar all non-tenants from parking in the lot, you can restrict others from the lot due to previous issues like what happened with you. The landlord can get a no trespass order against a specific visitor(s).  My thoughts are at this point you need to make nice with the landlord so you can visit mom. I would ask your mom to talk to him about and just agree to the parking terms he set so you may visit again.   The landlord may also choose to not renew your moms lease due to drama.  I would actually look for something different for her if there is such animosity between her and the 20 year tenant.  There is no winning in this situation. 

    User Stats

    1
    Posts
    0
    Votes
    Joe B.
    • Investor
    • Birmingham
    0
    Votes |
    1
    Posts
    Joe B.
    • Investor
    • Birmingham
    Replied

    I have to say that is very interesting that OP took the time to post a list of negative assumptions and insults toward long term renters when she is here due to being banned from a property after refusing to move from a parking spot lol. I have rented long term for several times in my life and have never been banned from a property due to acting up in a parking lot, or for any reason. You may have some maturing to do before getting too deep into the investment world. 

    User Stats

    1
    Posts
    0
    Votes
    Replied

    May I please ask, why did the tenant get evicted?