Is it legal for a tenant to move in a girlfriend/boyfriend who is not on the lease or must they have the landlord's permission?
2006-11-11 08:12:48 · 13 answers · asked by michelle j 2 in Business & Finance ➔ Renting & Real Estate
Sometimes they can. It depends on your lease and the law in your area.
In NYC you can have 1 additional unrelated person who is not on the lease move in with you without your landlords permission.
Is there a reason why you feel your landlord would withhold their consent?
2006-11-11 08:22:19 · answer #1 · answered by BoomChikkaBoom 6 · 0⤊ 0⤋
Technically, yes. In most places zoning laws prohibits the occupancy of the same dwelling space by unrelated individuals, so based on that the landlord would be well within his rights to prohibit the move, even if there is nothing in the lease that addresses this issue. Local ordinances would take precedence over the lease and if a lease permitted such occupancy it would not prevail if challenged in court as an illegal occupancy. The lease or rental agreement might also prohibit such occupancy. The reason for this is the Certificate of Occupancy for the building would state the specific number of persons permitted, there may also be local ordinances which do the same. There have been cases of violations where 90 people have been crowded into three or four apartments; the tragedy is when fire breaks out and a number of people die as a result of the overcrowding. I recently heard of a case of 60 people living in a single 900 square foot house.
I used to be a landlord of multi-family apartment buildings in Jersey City, NJ and had to deal with this sort of thing as a matter of course. If the lease is silent on the number and/or kind of occupants then you should check with the local housing official. Guests or visitors who stay temporarily for a few days are a different matter.
2006-11-11 08:18:45 · answer #2 · answered by Kokopelli 7 · 0⤊ 0⤋
Each landlord is different. Some landlords will not allow a person to stay more then 3 days and if they find out, then they will start an eviction process. Then you have some landlords that will tell you that the person has to be on the lease and won't charge extra. Then again, you have the landlords that will or won't have the extra person on the lease and will charge extra for each additional person. It should state in your lease what his/her rules are. If things comes down to it, write a letter asking them if he/she can stay and if need be, you'll pay extra for that person. They might consider it.
2016-05-22 05:43:40 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Yes, the landlord has the specific right to decide they don't want roommates in their property. And if the landlord has no problem with roommates, the new roomie still has to qualify on a rental application. If they're over 18 yrs old, they must also sign a lease.
The landlord agreed to rent to YOU. And whatever pets you had on the lease. If you want to change that situation now, ask the landlord.
2006-11-11 08:17:48 · answer #4 · answered by teran_realtor 7 · 0⤊ 0⤋
They really should be able to. Im a landlord and I rented an apartment as a favor to a friend who was alone. I included free water and power in his lease. The next thing I know he had his girlfriend and little brother with him. The bill was crazy, he was letting people come over and do laundry. I wasnt sure if I could do anything so I waited till the lease was up and bumped his rent up crazy high and metered his power.
2006-11-11 08:17:20 · answer #5 · answered by hopes2graduate 1 · 0⤊ 0⤋
If it is in writing at the time of the lease. Otherwise, it'd be a tough one in court. Of course, assuming you are the landlord, you can tell them no, and hope they don't know better. If you are the renter, then check the written lease first to make sure there are no such prohibitions on roommates.
2006-11-11 08:17:20 · answer #6 · answered by Emm 6 · 0⤊ 0⤋
My lease says any new tenants have to complete the application process and must be approved. Since it's a legal contract, you have to go by what you signed on the lease.
2006-11-11 08:15:53 · answer #7 · answered by 12 November 3 · 0⤊ 0⤋
Check your lease... some say that you can't have a guest longer than 3 days without permission and if you move someone in without them being on the lease then you can get in a bit of trouble.
2006-11-11 08:21:16 · answer #8 · answered by Anonymous · 0⤊ 0⤋
Depends on the contract signed. I have seen contracts that say you can not have anyone living there unless approved. Check the contract and see if it says anything, if not you are probally good. At least in court, but it is best not to get your landlord angry cause they can always find another reason to have you leave.
2006-11-11 08:16:41 · answer #9 · answered by Anonymous · 0⤊ 0⤋
You have to get the landlord's permission. They have the authority to prohibit that.
2006-11-11 08:15:25 · answer #10 · answered by RACQUEL 7 · 0⤊ 0⤋