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Legally speaking, he does NOT have to pay rent. The courts will see him as a visitor (legal term: transient). Even if he is added to an existing lease, both parties are responsible for paying the rent by the agreed upon due date to avoid eviction. No sense in having this freeloader drag you down. Just change the locks. Good luck! If he's living in your apartment, you certainly have the right to request that he pay or get out.

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17y ago
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13y ago

This depends on where you live and with who. If you are living with family, friends, roommates, etc... and they want you to pay rent, then yes you would have to pay them the rent to stay there otherwise they can throw you out since you are not on the lease.

If you are staying with someone and the landlord found out and is now asking them for more rent, or for you to pay rent, this gets more tricky....

In most states you can stay with someone for up to two weeks and be considered a guest, but staying there anymore than 10-14 days out of the month is considered to be living there and in that case the landlord can legally request that whoever is on the lease pay an additional amount for another person staying there, otherwise the person will be violating their lease and the landlord could legally evict them.

So without more information on your question it's hard to answer it exactly, but I would say that yes, if you are not on a lease but you are living with someone and either they, or their landlord is asking for you to pay money, you can either pay it, or leave, or if the landlord is involved in asking for more money whoever you are living with could face an eviction if you don't pay the additional amount.

I am in the process of building a new website to help landlords and tenants with landlord / tenant rights, state by state housing laws, tips, advice, tools, services, etc..

I'm still working on the site right now, but it should be up online soon and I will continue building it up until early 2011. The name of it is Landlord and Tenant Laws which can be found online soon at......

http://www.LandlordAndTenantLaws.com

You can always feel free to email me with any questions you have about landlord and tenant laws through the website

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Q: If someone lives in an apartment and is not on the lease is he responsible for rent?
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