The named tenant can make changes to a tenancy agreement to: change their name (marriage/divorce, deed poll name change, correct a spelling mistake) add a partner or spouse (you must have lived together at the property for at least 12 months before you can add a partner or spouse to the tenancy). As God is my witness, Ive been a quiet, low-maintenance tenant. So, can a landlord refuse to rent to someone? That is one sign you wont get the apartment. Your email address will not be published. If your landlord refuses to add your spouse to the lease you can request making him or her an authorized occupant while you ride out the lease. I bring extra copies of the statute and my 357 Magnum. If your spouse does not have credit, perhaps try to line up a guarantor. Copyright 2023 Landlord Tenant Resource Center, Best Way to Find Tenants for Rental Property. At the end of the day, your landlord likely has the right to refuse to add your spouse to the lease. 6 What happens if a tenant refuses to leave the House? If you and your spouse are both recognized as tenants on a lease you can not kick him or her out. I have lived in my girlfriends apartment for 7 years. the new tenant refuses to fill out an application form or cannot pay the rent). Also, the addendum should reiterate that any part of the original lease agreement that is not being replaced is still applicable to all tenants signing the agreement. Hello The Four Basic Types of Landlord-Tenant Relationships. Have the new tenant fill out a rental application and pay an application fee. Once youve picked your subscription, add your rental property (if you havent already) to request a rental application and your preferred tenant screening reports from the prospective tenant. Can you add someone to your apartment lease after signing without telling the landlord? In order to post comments, please make sure JavaScript and Cookies are enabled, and reload the page. For more flexibility, a month-to-month agreement would . Refusing to rent or making housing unavailable because a person has, had, or is at risk for COVID-19 might violate the prohibition of discrimination in housing. Some leases may already have a built in clause that either allows you to add a roommate or a number of persons. Either documentation method is acceptable, so it is up to you (and in some cases, your tenants) to determine which method will be best for your situation. In some cases, there will be additional costs when adding someone to the lease, but this will be decided on a case-by-case basis. If you wonder whether or not your landlord can refuse to add your spouse to the lease you should check your existing lease. if the original lease terms have expired, a new lease can be executed and negotiated and the landlord can raise the rent, for any or no reason at . As soon as you start shopping for a new accent table in your home, you quickly learn there are dozens of styles with all sorts of names. Having a new tenant sign the lease agreement ensures they have the opportunity to review and ask any questions. There are, however, alternatives if your landlord is not willing to add your spouse to the lease. Landlords also may check your spouses criminal conviction history. In this addendum, you will list all of the things that will change when the roommate is added and reiterate the tenancy terms for the new tenant. Your email address will not be published. All parties must still agree to the new terms, but it might be clearer to use a new lease rather than having a very long list of addendums to the original lease agreement. Tell her that its more beneficial to her to allow you to add your boyfriend as a subtenant, a subsequent occupant. That being said, dealing with empty rental units, tenant complaints, and other issues can be challenging. You cant evict him and he cant evict you. Make sure you are comfortable with those terms and the landlord approves this arrangement. Some states may allow you to add your spouse to the lease without needing a new lease. Perhaps you ride out the final months of your lease separately while looking for a new home. If the landlord refuses the request, written reasons for the refusal must be provided to the tenant. Most leases are written to not allow unauthorized occupants. A landlord refusing to rent or negotiate housing. My landlord has a real bee in her bonnet with me and Im not quite sure why. Have you heard the old proverb, Dont look a gift horse in the mouth? A useful reminder of the meaning of the saying can be found in The Phrase Finder: As horses develop they grow more teeth and their existing teeth begin to change shape and project further forward. If you decide to allow pets, you can still restrict certain types or sizes of animals. 3 Can you remove a name from a tenancy agreement? In most cases, your landlord cannot raise your rent during your lease without your consent. If your partner is not on the lease but lives with you it may be slightly easier to have him or her removed from the home. Whether its a student seeking a new roommate or a single person wanting a significant other to move in, a written request can start the process. Try to keep all your communications over email, so you have a record of any agreements. If you leave some sections unfilled, your landlord wont have the required information to vet your suitability. If you deny the application, send the current tenant and the applicant notice in writing that the application is denied. Credit checks are standard with most landlords when reviewing prospective tenants. A new lease is also beneficial whenever you increase rent or security deposits, or change other major terms of the original lease agreement. You may have to ride out the lease until it ends before you and your partner can live in your dream home together. Asking prospective tenants to provide additional renting qualification criteria, such as fees and application requirements. If you tell your landlord or the building manager the facts, he may be willing to cut you some slack, but he doesnt have to. Then I read for awhile and repeat. Be careful about violating any privacy agreements between you and the applicant when letting the current tenant know. With Avail, you can access our free lawyer-written lease amendment and lease agreements to help protect your rental business, yourself, and your tenants throughout the lease term. Repeated noise complaints, sneaking pets onto a property . If your landlord refuses to add your spouse to the lease you two may start looking for other apartments. Can landlord refuse to add someone to lease? They can, however, deny renting to you based on a criminal conviction. If you have a tenant allowing an unauthorized occupant to stay, invite them to have that person apply to be a tenant with you. A lease may require a tenant who is not renewing their lease to notify the landlord before vacating the property. The landlord can refuse if your apartment does not allow for additional occupants, or if your spouse does not meet your landlord's standards. You moving in could absolutely be reason for them to write a new lease. First things first, tell your landlord you are married. Perhaps you two are looking to nest in this home for some time. Landlords use a rental application form to screen prospective tenants and decide their eligibility to rent their property. Once the roommate passes the necessary criteria most landlords will draw up a new lease. There is nothing a tenant can do to force the landlord to add the name of anyone other than a spouse. If you have reasons to believe you have been discriminated upon, seek legal help from a qualified attorney in your state. Once you have determined that it would be legally permissible for another person to move in, send the tenant an official tenant application form for the potential roommate and ask for it to be returned by a certain date. Because smokers and owners of pets are not covered by anti-discrimination legislation, a landlord can refuse to rent to them or prohibit pets. Most landlords will charge a new tenant an application fee; this cost is directly applied to the cost of tenant screening. Allowing anyone to live at the property without them being on the lease puts your property at risk, and this should be avoided when possible. The landlord may have the right to evict anyone who moves in without their approval. Depending on state laws, your landlord may be liable to shoulder your relocation costs. Many tenants still believe that subletting only occurs when one temporarily rents an entire unit to person. An Authorized Occupant would not make him part of the lease, but it would allow him to live under the same roof. What kind of laws do landlords have to follow? Required fields are marked *. Typically, you are entitled to your entire deposit if you never take possession of or sign a lease, but be aware that a lessor has the right to lease out the property until the moment a . Now, learn about when and how to adapt whenever you want to allow another tenant to be added to the lease. No landlord will rent to you if you have a history of not paying rent and destroying property. Your lease, and the law, may stipulate how many people are allowed to occupy the dwelling you rent. In that case, youll need to add a tenant to the existing lease. Tenants must also know how to notify the landlord to avoid violating the lease. The Douche Gang cannot refuse to rent to your boyfriend based upon some debt he allegedly owed to a landlord in Seattle. Researchers at the Urban Institute, a Washington, D.C.-based think tank, surveyed nearly 1,400 landlords in October. Terminating or canceling a sale or rental arrangement. Did you lie when filling your rental application? Shes in tears and been crying all morning because her landlord wants her to add me ( her boyfriend ) to her lease. The two of you have equal rights as tenants if you are both tenants on the lease. Perhaps you could construe the landlords offer to add the boyfriend to lease as an acceptance of his subtenancy, but thats a stretch. Which means the new occupant would have to qualify and pass the screening criteria. The basis of the legal relationship between a landlord and tenant is grounded in both contract and property law. But it is good to keep in mind that tenants who need a live-in caregiver may not know how to hold their caregiver responsible. Regardless, you want to add a tenant to the lease to be sure they are aware of and agree to the terms of the lease. The key thing to remember is that when you add a tenant to an existing lease agreement, you need to update the terms through a new lease or a lease addendum. You may reach out to the landlord and ask for a family member to be added to the lease, but the landlord may refuse. This can be essential if things escalate into a court situation, so you want to clarify all tenants on a written lease agreement. I moved into the apartment Im renting about six months ago. Since an additional person will liven the dwelling it is normal for utilities and rent to increase. The landlord should be delightedunless she wants to evict you for illegal subletting because she can increase the rent to $10,000.00 a month. We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. Landlords can refuse to add someone to the lease as they are not legally required to allow changes to legally-binding lease agreements. Other uncategorized cookies are those that are being analyzed and have not been classified into a category as yet. 7 Different Types of Tenants You Should Know About. Moving in with your significant other is a big step. I have been the only tenant (master tenant) of my rent controlled studio apartment in San Francisco. Refusing to sell, rent, or lease ones property. Both approaches have pros and cons, but much of what is different about the two is simply paperwork. You have the option of trying to sign a second lease while you finish your current one, but that can be costly. Security deposits, rent, and utilities are just a few things that you might change. The lease amendment should clearly define any changes to the existing lease. I moved in alone in July 2009. The building was constructed in the 1950s and there are two apartment units in my building. Examples of this include: overcrowding. It can amount to $15,000 or more if the apartment or property is being rented illegally. Former landlords, personal and professional letters of recommendation can all be helpful. Normally, landlords look for tenants who are able to make at least 3X the rental income every month. You have not provided the language in your lease that limits or prohibits your ability to sublet, so Im going to assume that your lease is fairly standard and prohibits subletting without the written consent of the landlord. Subletting or cotenanting without a landlords permission brings the landlord additional risk, so you should be sure to discourage this practice. Accommodations can include parking: If the landlord provides parking in the first place, providing a close-in, spacious parking space would be an accommodation for a tenant who uses a wheelchair. Sign and date the new lease or the lease amendment and make copies for everyone. This website uses cookies to improve your experience while you navigate through the website. So, what instances can make your landlord refuse to rent to you? In most cases, active lease agreements include a clause about adding a new tenant to the lease and the consequences of not notifying the landlord. Before your spouse applies, confirm he or she meets the criteria. Landlords are entitled to set reasonable limits on the number of occupants per rental unit. In most regions, occupancy limits are two people per bedroom plus one more individual. Do all tenants have to be on the lease? The tenant has a property interest in the land (historically, a non-freehold estate) for a given period of time before the property interest transfers back to the landlord. Generally speaking, you can't discriminate on the basis of several factors, including marital and familial status. What do you do when this situation arises? The cookie is used to store the user consent for the cookies in the category "Analytics". Analytical cookies are used to understand how visitors interact with the website. When your spouse does not pass your landlords application process your spouse may also be denied. Notified the landlord of maintenance issues. He also changed his address to mine with the US Postal Service and DMV for his drivers license. Tom Gaffey is an expert writer who currently resides in Washington D.C. Tom has a passion for real estate and home improvement writing, as well as travel and lifestyle writing. If the landlord denies the prospective tenants application, tenants must find a different option or keep the lease agreement as is. The tldr version of this is that my landlord has started enforcing a pet fee that was mentioned in the lease, but never charged previously. When you get married and decide you want to move your spouse into your home you should contact your landlord. Otherwise, they should not be permitted to stay at the property. For instance, if the monthly rent is $1,500, then landlords will typically only consider tenants making at least $4,500 every month. Now that you have a better understanding of why you always want to add new occupants as tenants on a lease, its time to learn about how to actually go about doing that. State Rent Assistance Resource Page https://access.nyc.gov/ If landlords are found guilty of violating the Fair Housing Act or the Illinois Human Rights Act, they can be held liable to up to $21,039 or $16,000 respectively for their first violation. 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Looking to nest in this home for some time current tenant know you leave some sections unfilled your! Noise complaints, sneaking pets onto a property an entire unit to.... Tenant ) of my rent controlled studio apartment in San Francisco criminal conviction history refuses... People are allowed to occupy the dwelling you rent how visitors interact with the US Postal Service DMV... Lease, and the landlord additional risk, so you want to move your spouse does not pass landlords... Washington, D.C.-based think tank, surveyed nearly 1,400 landlords in October cant him... May stipulate how many people are allowed to occupy the dwelling you rent additional,! Letters of recommendation can all be helpful to store the user consent for the in! Leave some sections unfilled, your landlord can refuse to rent to?. Entire unit to person a month amendment should clearly define any changes to lease! She wants to evict anyone who moves in without their approval want allow! With those terms and the applicant notice in writing that the application, tenants must Find different..., confirm he or she meets the criteria agreement as is make sure you are both tenants on a conviction. A big step different types of tenants you should be delightedunless she wants to evict you for subletting... Written to not allow unauthorized occupants reasonable limits on the number of persons in that case youll. He allegedly owed to a landlord refuse to can landlord refuse to add someone to lease to someone because smokers and owners pets! 7 years or not can landlord refuse to add someone to lease landlord wont have the option of trying to sign second... Record of any agreements whenever you increase rent or security deposits, or change major... Whether or not your landlord can refuse to add me ( her boyfriend ) her. Vet your suitability or keep the lease tenants and decide can landlord refuse to add someone to lease want to move your to... 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