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When a lease is made out to one tenant does that tenant have a right to have someone else live with them after the lease has been signed?
Wiki User
∙ 11y ago
Answer 1:
It depends on how the lease is worded. Specifically, does the lease address the number of people that can live on the premises? It's unusual to see a single tenant get married, have his wife move in with him, and see problems arise. On the other hand, move in ten buddies from the local bar and trouble will come.
Also check to see if subleasing is disallowed.
Usually, it's easy to renegotiate a lease in this manner.
Answer 2:
That depends on what your lease says. I've rented several places (apartments & houses alike) and the rules on "stay-in-guests" and sub-leasing was always different. At my first apartment, anyone not on the lease could not stay more than three-days without written permission from the apartment owners acquired at least two-weeks in advance. Sub-leasing was also not permitted (per rules set in lease)
The house I'm renting now does not care. I have an extra bedroom there and I occasionally rent it out for a month or two at a time to friends/family in need of a cheap place to crash. As long as the rent is paid, the house is well-maintained and we don't break the HomeOwner Association laws, the home-owner is pretty lenient on who lives there.
I've lived in other places that would allow you to amend a lease contract to add another person to it, but until that person was background checked and approved to live there, they could not move in and if they moved in and later failed the background check, they could be evicted.
It all depends. Read through your lease very carefully and if you are not sure, then speak with your landlord. Ultimately, because it is his house and you are just renting it (s)he has the final say in who can live in the house.
Wiki User
∙ 11y ago
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Does the landlord have to give back security deposit if tenant refuses to sign lease but moves in?
Normally a security deposit is paid before the lease is signed. Once your lease is mutually signed then you have the right to move in.
Can you return a security deposit and not accept the tenant even if you have accepted some rent?
Once you, the landlord, have accepted a tenant by handing him the keys, then the tenant has legal possession of the property. If the lease was mutually signed and the keys were handed to the tenant, then you must wait until the lease expires and give at least 30 days notice that you will not renew the lease before asking the tenant to leave. Landlord and tenant laws are designed to protect both the landlord and the tenant. If the tenant does not violate the terms of the lease once it has been mutually signed and the property turned over to the tenant, then he has the legal right - as long as he pays his rent on time - to remain on the property. If he violates the terms of the lease at any time, you can seek legal remedy to correct the violations or to remove the tenant.
Can landlord sue original tenant if sub tenant completes lease?
It depends. If the sub-tenant was there by right and the landlord allowed a sub-lease, then that's a situation where nothing has gone wrong. If the landlord is suing, it sounds instead like the tenant did not have the right to sublet and in that case they are responsible to complete the lease and the sub-tenant may not have had the right to be there.
Can an apartment complex change a lease prior to the recent one expiring without a new one being signed?
Generally speaking, once the lease is executed by both parties, money exchanged (rent is paid with any deposits to move in), and a key is issued to the tenant, the lease may not be changed. If the landlord later wants to change the terms of the new lease, he has the right to do so: the tenant has the right to sign or reject it and move out.
Can a landlord ask the tenant to pay hoa fees in order to use amenities?
The tenant may not be liable to pay any expenses not documented in the lease signed with the owner.
What if a tenant starts a problem with a other tenant can the landlord kick 1outyou and not the other?
It depends. The most common arrangement for tenants is for them to be "tenants in common," that is, equal parties to the lease. At common law, tenants in common have a duty not to infringe on the rights of the other tenants to access to the property. If one tenant kicked the other out in this arrangement, that would certainly be impermissible and the removed tenant could sue. On the other hand, if one tenant has some superior right to the property, for instance if one is the party to the lease with the landlord and the other tenant is a sublessee, then the party to the lease may have the right to kick out the sublessee. Keep in mind, this is at common law. Many states modify the common law by statute. You should consult a lawyer in your state to determine the correct answer for your state.
Who can renew a lease?
A tenant if that right is granted in the lease to the tenant or is a tenant's right because of a law. Normally a landlord can't renew a lease except for specific reasons -- one is called a "holdover". That's where the tenant should have moved out because the lease is over, but doesn't. In that case the lease may grant the landlord the right to consider the lease "renewed" for a period of time. As to a law, there are some places where if you have an oral lease for a year and you as the landlord fail to notify the tenant within a certain time period before the end of the lease that the landlord won't renew, it may be too late and the tenant can "automatically" renew if it wants. There are also leases called "proprietary" leases, which are leases between a building cooperative corporation and the people who own shares in the building corporation and have the exclusive right to a cooperative apartment in the building; it is something that "renews" constantly unless the shareholder breaks the lease or sells the shares.
How does a landlord reserve the right to terminate a lease with ninety days notice?
Prior to having the tenant sign, the landlord would insert the sentence into the lease, "The landlord reserves the right to terminate this lease with ninety days notice." Tenant may request the same terms, or take the tenancy as offered.
Is it legal for me to get a copy of the lease agreement if i didn't sign it?
Depends on the laws of your state. Some states do have little-known statutes that say that if the tenant is not given a copy (say, within 30 days) then the lease is not binding. Most states, though, it doesn't matter. And, it's very difficult to prove that the landlord didn't try to deliver it.
Can a tenant sue a landlord who is in bankruptcy?
Normally the bankruptcy filing has nothing to do with whether or not the tenant has paid his rent. A landlord does not have the right to evict a tenant simply because the tenant filed chapter 7 unless that is part of the lease. The terms of the lease determine if the tenant will be evicted. If the tenant pays the rent, he should not be evicted.
Can a remainderman lease property of a lifetime estate to a leasing company without the life tenant's consent?
No. The life tenant has the right to the use and possession of the property for life.No. The life tenant has the right to the use and possession of the property for life.No. The life tenant has the right to the use and possession of the property for life.No. The life tenant has the right to the use and possession of the property for life.
Does the cosigner have the legal right to have the tenant move out before lease is expired due to no rent paid?
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