I am trying to prove that in Washington, DC if two roommates enter
into a contract with a landlord that makes both roommates jointly and
severally responsible for full performance under the lease, that one
tenant does NOT need to get permission from the other before
permitting a guest to stay?

For example, person A shares an apartment with person B under a lease
which makes them both jointly and severally responsible for full
performance under the lease.  Assuming all else is equal and that long
term guests are permitted, etc. can person A invite a guest to stay
for one week without first getting the permission of person B?

A good answer will be one that is sourced by a court case (that has
jurisdiction in Washington, DC) that demonstrates person A does NOT
need permission of person B to allow a guest to stay.

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Clarification of Question by elpresidente-ga on 16 Nov 2003 18:59 PST

OK, to change my defination of a good answer:

I want to know the rights of co-tenants regarding guests and the
obligation of the "guest" to get permission from both tenants before
being able to stay.

I want to know the defination of an "implied contract" and what
conditions need to be met for something to be considered an "implied
contract."

I want to know if someone is being considered a holdover tenant,
becasue he will not leave the apartment, does ANYONE other than the
landlord have the right to collect from the holdover tenant.

All answers need to be cited with material that I can present in a DC
Small Claims Court.  Meaning, a defination from a law dictionary will
not be enough.

Thanks and please hurry, it is coming up real soon :(

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Clarification of Question by elpresidente-ga on 16 Nov 2003 19:01 PST

I would like to add one more thing to my critera for a good answer:

In a lease that holds both tenants jointly and severlly liable, does a
guest need to require permission from both tenants before assuming
he/she can stay for free?

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Clarification of Question by elpresidente-ga on 16 Nov 2003 20:26 PST

If this is going to take more money please let me know - I will pay
it.  I just need an anwer to these questions very soon.

The joint and several clause means that if there is a breach of the
lease, the landlord can sue either person A or person B for 100% of
the damages, unpaid rent, etc.  Without the joint and several clause,
the landlord might be limited to suing A for 50% and B for 50%.

I don't see how this has anything to do with whether person B can
object to person A having a guest for a week.

elpresidente:

I'd be very surprised if much litigation is generated by disputes
among roommates about guests. As such, it's relatively unlikely that a
published D.C. court opinion on this issue exists.

You might consider broadening the definition of what you consider a
"good answer." Perhaps a researcher could find you some general
information about the rights of co-tenants.