While it can certainly be angering to learn that your tenant has violated their lease and let an unapproved person occupy the property, evicting them isn't always the best (or most economical) answer. * Will the Covid 19 Crisis Push Home Values Lower? If the OP wanted 6 people living in his house he would have chosen to have 6 people. You should also stipulate that you must be notified of any potential new occupants in writing before they inhabit the unit. It depends on your landlord, your state and ⦠Yea they can live with you even though the apartment complex would like to know who's living with you but no it is not against the law. Suppose you live alone and your ⦠Posted on Jun 4, 2016 Technically, you can live in an apartment without being on the lease. But the lease isnât always enough to deter it from happening. Unfortunately, too many people think not having a lease is a perk for tenants or a sign of a landlordâs friendliness. The leaseholder cares about the following: The lease gets paid, and if it doesnât get paid, those who signed the lease are liable for the payment of the lease. Having no lease also may benefit you in certain situations. Tenants are less likely to violate their lease if they know you're keeping a watchful eye. If he doesn't, however, you must take him to court so a judge can demand he vacate the apartment. She earned a BA in communications from Jacksonville State University. Any damage to the property is the responsibility of ⦠Make sure to give them a deadline by which the occupant must vacate, and stop by (in person) on that date to ensure they've left the property. But he didn't. A guest is a person who visits occasionally, and maybe sleeps over a few times in a given period. If you live in the leased unit on your own, you are both a leaseholder and an occupant. Sign in here. You probably know that real estate has long been the playground for the rich and well connected, and that according to recently published data it’s also been the best performing investment in modern history. They are not leaseholders, however, unless they also sign a lease with the landlord. Always read your lease carefully before adding a new tenant to the mix. You just arent allowed to lease an apartment, have someone else move in and you move out and sub-lease the ⦠However, most leases allow you to bring roommates into the mix, whether they are friends to help you with the rent or your significant other finally moving in with you. Our commitment to you is complete honesty: we will never allow affiliate partner relationships to influence our opinion of offers that appear on this site. While renting an apartment without a lease may work out sometimes, it can also backfire badly. Learn More.Already a member? If your name remains on the lease, and your ex doesn't pay the rent or damages the apartment, you could be held responsible. Did you recently find out someone has been staying in your rental property without your permission? It's best if your roommate leaves quietly during the 30-day notice period after you give him the eviction paperwork. Being present and visible around the property can also help prevent unwanted residents. Finally, avoid long-term leases. As a landlord, it's important you recognize these residents as early as possible before they can damage your property, disrupt the community, or cause other problems for your business. Because a lease is a written contract, the landlord can enforce it in court to get the remaining balance owed on the rental unit. You might even ask for an additional security deposit and, in some cases, a rent increase may also be appropriate. Aly J. Yale is a freelance writer and journalist from Houston. If the person is under the age of 18, they are not legally allowed to enter into a legally binding contract, such as a lease agreement, and they therefore are exempt from being on the lease. But if you invite or allow other people to live in the apartment with you, they are also called occupants. First, address them in your lease or rental agreement. What constitutes an occupant and what qualifies as just a guest? You donât want to add your boyfriend to the lease. Get any agreement with your landlord in writing. They can also help you draw up an amended lease if that's the path you choose to take. When you want to evict someone from your apartment, one of the first things to find out is what your lease says about having roommates. The court might require your landlord to get involved in evicting someone who's not on your lease, which will bring to his attention that you violated the lease by letting someone else move in. Your landlord may agree to remove your name from the lease at his discretion if you ask him to do so. You prefer that he resides in the unit as a subtenant, that his lease is with you rather than the landlord. For example, if the roommate damages the rental to the tune of $1,000 the landlord will charge the tenant for those damages. What Can I Do if I Am Unsatisfied with My Apartment? Examples of long-term guests might include: A girlfriend or boyfriend moving in. So it is important to know the laws and rules around guests who stay longer than they should, or who are quietly living with renters without being on the lease. This indicates they're keeping a regular schedule at the home, as you would your primary residence. Not all apartment buildings look at the credit reports. *By submitting your email you are agreeing to our Terms & Conditions. Significant others or partners of your tenant. * The owner of the unit may enter into a HAP contract with the housing authority, and reside in the unit. Can My Landlord Threaten to Evict Me With No Grounds? When you provide your sub-tenant with notice of eviction, make sure you provide adequate time for the person to leave. Your status as a tenant at will generally affects the length of ⦠Put Real Estate’s “Unfair Advantages” to Work for Your Portfolio. In most cases, this is 30 days, or an average rental period. Ask your landlord to release you from the lease entirely. Alternatively, landlords sometimes allow a boyfriend or girlfriend to move in ⦠Real Estate 101. However, since your roommate has no lease, you can evict him for any reason, including that you don't want to co-habitate any longer. That opens the door for potential unauthorized tenants. And clearly have never rented out a property. Unauthorized tenants come in many forms. 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