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If I have a lease agreement in the state of Texas in an apartment, and I leave out someone's name as an occupant, what will happen if they find out he is living there? Do they kick you out of the apartment? Or do they give you a certain amount of days to put that person on the lease agreement?

2007-11-28 06:11:50 · 5 answers · asked by pdimepc 2 in Politics & Government Law & Ethics

5 answers

the above answers are good but a lease is also a property interest subject to additional property law and note that residential leases are generally subject to state regulation by statute and no lease can have provisions contrary to statutory law. although i doubt any provision would protect this person here
see
TITLE 8, CHAPTERS 91 & 92 here:
http://tlo2.tlc.state.tx.us/statutes/pr.toc.htm

2007-11-28 06:29:49 · answer #1 · answered by qb 4 · 0 1

They can kick you out. Not having an occupant's name on the lease is a material breach.

It would be better for you to try and add the name before they find out. That way the person has some rights under the lease, too.

** Note: This is a general discussion of the subject matter of your question and not legal advice. Local laws or your particular situation may change the general rules. For a specific answer to your question you should consult legal counsel with whom you can discuss all the facts of your case. **

2007-11-28 06:20:46 · answer #2 · answered by scottclear 6 · 0 1

It's "breach," and you breach any contract by not doing what the contract says --that goes for leases and any other type of contract.

Basically, if the lease says you can't have other occupants and you do anyway, you've breached the lease. If it says you can have another occupant, for example, for 10 days before you need to add them to the lease, then that's the rule. If it says you get evicted for breaching the contract, then you might get evicted.

Go back and read the lease itself.

2007-11-28 07:45:09 · answer #3 · answered by Hillary 6 · 0 0

Depends on the language of the lease.

A lease is a written contract. Where a written contract exists, the law assumes it to be the whole of the agreement between the parties. So if the lease says you have to list all residents, then you have to, and if you don't you're in breach and can probably be evicted. If it says you have ten days, you have ten days. If it doesn't say you have to list him, then you don't have to.

It's not really a question of "What does the law say?", it's a question of "What does the lease say?".

Richard

2007-11-28 06:16:49 · answer #4 · answered by rickinnocal 7 · 0 1

Do you think of that an condominium landlord might desire to look ahead to the rentals of three hundred+ tenants to expire till now they might sell the construction?? that's under no circumstances a breach of your employ. Your employ is in basic terms assumed by way of the recent proprietor. this does not entitle you to an entire deposit refund and additionally you may "assume" to stay there for the the remainder of your employ.

2016-10-18 07:10:37 · answer #5 · answered by Anonymous · 0 0

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