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. Before you sign a lease somewhere new you should read your lease. There are, however, alternatives if your landlord is not willing to add your spouse to the lease. No landlord will rent to you if you have a history of not paying rent and destroying property. "It generally is not allowed without landlord consent, but you can discuss it with your management to see if they would consent to a sublease and under what terms," says Reiss. Can landlord refuse to add someone to lease? What do you do when this situation arises? Did you lie when filling your rental application? A landlord refusing to rent or negotiate housing. You cant evict him and he cant evict you. If the landlord refuses the request, written reasons for the refusal must be provided to the tenant. If there is no lease, either written or oral, a landlord still can evict you. Being a landlord can be a great way to earn passive income. You will encounter trolls, cheeseballs and evil lords along the way. Shes in tears and been crying all morning because her landlord wants her to add me ( her boyfriend ) to her lease. That is one sign you wont get the apartment. If a tenant decides to allow an unauthorized occupant to stay in their rental unit long-term, this could lead to some issues between the landlord and the tenant. Create an account or log in today to set up your rental property, manage your rentals, and more in one place. the new tenant refuses to fill out an application form or cannot pay the rent). And while a landlord can refuse to rent to someone, the screening process must be free from any form of discrimination. Landlords cannot require the emotional support animal to undergo any specific training. I have a question? If your landlord approves of the addition, your new roommate might be required to become a co-tenant, meaning he or she will have the same freedoms and . The Douche Gang cannot refuse to rent to your boyfriend based upon some debt he allegedly owed to a landlord in Seattle. Maybe the landlord simply got the reference and credit check from me because he was able to (new lease) but with a lease transfer he just has to take whoever the person finds and hope for the best. Researchers at the Urban Institute, a Washington, D.C.-based think tank, surveyed nearly 1,400 landlords in October. It does, however, mean that you are allowed to add another occupant to your rental agreement. Hi, Im Kelvin Nielsen, a seasoned writer with years of experience in both sides of the rental industry. You might have lied about how much money you make, provided a fake reference or falsely answered screening questions. And others will allow them but put restrictions on the breed, number, and size of pet a tenant can keep. We are common law. Refusing to sell, rent, or lease ones property. The landlord made a big production of verifying my employment, salary, and credit history (all are in good shape) before agreeing to rent the apartment to me and Im the sole tenant on the lease. I have lived in my girlfriends apartment for 7 years. Thus, they generally must make major repairs to problems that make the unit unlivable. Here at RentPrep, we offer a complete Landlord Starter Form kit that includes many sample forms you can use to make things easier. If adding another tenant would be too many individuals at the rental, send a written notification that the request for an additional resident has been denied and why. But I dont think you should challenge the application or the fee. Credit checks are standard with most landlords when reviewing prospective tenants. Currently you have JavaScript disabled. Former landlords, personal and professional letters of recommendation can all be helpful. Potential problem. State or local law may even make refusing rent a required procedure for certain types of eviction, such as when the landlord does not want to renew a lease. Invite the tenant to submit in writing the request to add another person to the lease. Learn more about the tenant screening process by reading our guide today! Today, learn all about how to add a tenant to an existing lease agreement and why this process is vital to successful landlords. Lease Addendums, Adding A New Tenant To An Existing Tenancy Agreement. The clause that youre concerned with can be found in the same section: A landlords reasonable refusal of the tenants written request may not be based on the proposed additional occupants lack of creditworthiness, if that person will not be legally obligated to pay some or all of the rent to the landlord. This seems a little unorthodox to me. A lease amendment must contain the landlord's name, your name and your new roommate's name and information. Federal law prohibits discrimination in housing and the rental market. The cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional". State Mortgage & Expense Forbearance Resource Page https://www.dfs.ny.gov/ Click here for instructions on how to enable JavaScript in your browser. Your landlord can refuse to add your spouse to the lease for several reasons. Harassment of a person about their living arrangements. Landlords are entitled to set reasonable limits on the number of occupants per rental unit. I also think the credit application fee is a scam. The following are a couple of things that a potential landlord can consider when reviewing your criminal record. This cookie is set by GDPR Cookie Consent plugin. Greedy douche baggery, its spreading like some kind of zombie virus! An Authorized Occupant would not make him part of the lease, but it would allow him to live under the same roof. Perhaps you ride out the final months of your lease separately while looking for a new home. What are the conflicts in A Christmas Carol? Something like "two cats," "one dog" or "one dog under 50 pounds." You can also require that you meet and approve the pet first. 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. Once the roommate passes the necessary criteria most landlords will draw up a new lease. Copyright 2023 Landlord Tenant Resource Center, Best Way to Find Tenants for Rental Property. Refusing to enter into a sale, rental, or lease negotiation. Full guide on how to navigate COVID-19 as a landlord or renter in NYS: http://rentprep.com/landlord-tips/coronavirus-resources-new-york/, General Landlord Resources https://hcr.ny.gov/ This will make here rent go up. Regardless of the changes, however, the lease agreement must be updated to reflect them. Can you add someone to your apartment lease after signing without telling the landlord? The landlord must also keep the property in a habitable condition through repairs and maintenance after the tenants have moved in. A new lease is also beneficial whenever you increase rent or security deposits, or change other major terms of the original lease agreement. 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. 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. That means your landlord is under no obligation to renew your lease or allow you to stay in the property for additional time unless you are able to invoke an anti-retaliation law. This is another reason why your landlord can refuse to rent to you. Meet with the tenants and explain the details of an additional security deposit and the amended lease. In most cases, it is possible and easy to add someone to an existing lease if its allowed by the landlord. Be careful about violating any privacy agreements between you and the applicant when letting the current tenant know. When a landlord refused to accept a housing voucher because the landlord considered the program requirements too burdensome, the Supreme Judicial Court held that the landlord had violated MGL Ch 151B. Some leases may already have a built in clause that either allows you to add a roommate or a number of persons. If the above notice is given and the tenant still refuses to provide access to the property, without a valid reason for such refusal, then the landlord will need to demand, by way of Letter of . According to the Fair Housing Act, itd be illegal to reject a tenant based on discrimination. Because smokers and owners of pets are not covered by anti-discrimination legislation, a landlord can refuse to rent to them or prohibit pets. Marriage is a strong legal bond, and this bond may be reflected differently than a roommate in your landlords eyes. This can result in costly fees or violating the lease terms, potentially leading to eviction. Most, however, will require you to go through your landlord. Both a TR1 and a deed of assignment need to be executed by both the current tenant and the assignee. When you add a roommate to your lease your landlord will likely have the prospective tenant apply first. Keep copies in your records, and make sure that all tenants have a copy as well. You must do your usual screening process on additional tenants just as you would if you did not currently have a tenant. In that case, youll need to add a tenant to the existing lease. Why You Should Add A Tenant To The Existing Lease Agreement, How To Add A Tenant To Your Lease In 5 Steps, Step 2: Check The Propertys Occupancy Limit, Step 3: Acquire A Completed Rental Application, Step 5: Review The Details With The Tenants, Adding A Tenant To An Existing Lease vs. If you add your boyfriend to the lease, he becomes a co-occupant. This situation creates a lot of unnecessary risks and threatens your business. Be sure to specify in your lease and in your listing exactly which kinds of pets and how many are accepted at your property. Tell the landlord you would gladly accept service of a 6.14 notice, informing your boyfriend in case you vacate, he will be subject to a rent increase to market rate. Landlords thinking about adding a new tenant to an existing tenancy agreement may wonder if they should be using a new lease instead of the current lease agreement. Adding someone to an existing lease agreement is easy, but landlords need to screen prospective tenants and protect themselves with a lease amendment. You may reach out to the landlord and ask for a family member to be added to the lease, but the landlord may refuse. Screen the potential tenant as you would any other rental applicant. Regardless, honest and professional communication is the best way to go when you want to add your spouse. Required fields are marked *. The discussion concludes that a landlord has the right to refuse a lease renewal under certain conditions.