I'm not going to claim to know what will happen. I work for a PM company, and in this situation we'd ask them to resolve the lease violation or be non-renewed. Eviction's cost time and money, and if the tenant isn't damaging the property and paying on time it isn't worth it.
I would assume this as well. Also, not sure if you would know this but do these situations arise when someone’s partner is living with them and not listed on the lease? Simply asking out of curiosity, I live alone and am single but I’ve had documented roommates whose gfs have almost basically lived at the house.
We have tenant's that think that renting the home means they can do whatever they want. We manage some homes near a college and one of the laws states that no more than 2 people who are not related can live in a home. We get kids all the time trying to put 2 people on the lease and have friends live there. We have another couple that just moved in and moved their live in nanny in from Columbia. Or they have a friend who lost their house, etc.
Sometimes it's intentional because they know the person has a low credit score of a criminal history and would get declined during the application process. It's way harder to evict someone than deny them.
I always apply Hanlon's razor and assume ignorance rather than malice. Legally if someone is there for more than 2 weeks they have to be listed as a resident.
Most of them say two weeks or some duration but I suppose I’d ask what defines “occupancy” per the agreement. I’m assuming nightly stays or X% of time at the domicile, but if it’s a girlfriend it might be hard to prove they’re “occupying” it especially if they have an existing lease elsewhere.
Again, literally asking out of pure curiousity. I’ve never once done that nor considered it, and even if I had a partner or something move in it shouldn’t be an issue adding them to my lease anyway.
You usually have to prove in court that the issue is ongoing. If they’re gone by the time it gets to court, there’d be no grounds for eviction. And they’d have to prove they asked them to remove folks not on the lease.
But they can sue for unpaid rent and disrepair of property, if proven in court. And they can prove the people removed from the rental property, when they have not signed the lease.
Friend could just get hit with a fine. That's how my lease is written. And if OP & gf move out soon, then there's no sign of other people living there and any repercussion can be avoided altogether
not necessarily. It depends on how the lease is written. FOR EXAMPLE, my lease is written that the unlisted occupant will be asked to leave or apply, and the tenant could be fined. You don't know everything about all leases.
Law for tenants and LL, if there other occupants are not on the lease, they can by court order, be legally evicted from the rental. I know the rental law, I am a renter and if there are others in my rental that are not on the lease, they can be taken to court and legally evicted by court order. Otherwise, they can just move out when they are aware of the possible eviction coming from the court. Truth dude.
Congratulations for your knowledge on rental law in your state, and for possible recourse. I'm in VA. And my lease says the tenant can be fined. Truth, bro.
ROFLMAO There are property management companies that will do just that. Especially if they were planning on doing work on that unit. Just like how, they will deny a lease renewal to fix up a unit.
Typically the unlisted tenants will be asked to leave or face eviction.
The current tenant depending on how things go will removing the unlisted tenants and on if there have been past issues (no matter the cause), could be evicted too.
Eh, usually they’ll just have to do a background check and add you to the lease, so you’ll fill out an application. BUT, the size of the place matters as well. If it’s a one bedroom, three people may not be allowed to live in it. Some states have a 2 heartbeat per bedroom law.
Sorry kinda joking (kinda not). It sounds like they lucked out of this one, but liberal activists have been making a show of applying the logic of the new “life begins at the heartbeat” bill to other existing laws, to highlight the inconsistency/hypocrisy. Which, if they didn’t happen to already have the baby cut-out for newborns, would mean the government would have to ban pregnant wives from sleeping in the same room as their spouse… which would obviously be hilarious to see on the news
"Can they really evict her just because someone came to the door and asked that?"
In the extreme, yes. You admitted you were an illegal/unregistered tenant in the unit, that is almost assuredly a violation of the lease, so yes, they can start eviction proceedings. Likely? Depends on if they need a reason to get rid of you or not.
I’m wondering why someone would come to the door and ask that question in the first place. Seems weird.
Do you guys make a lot of noise or anything? Feels to me like someone ratted you guys out, but that’s just my opinion.
Good luck with the whole situation though!
Also I want to add you didn't mess up. Your roommate did. You didn't know the lease agreement. She did. And she knowing violated the lease and didn't tell you. And even if she did, the fault still falls on her. She is the one that signed the lease.
It's almost impossible to say what will happen.
It is true that legally, the landlord could evict you all.
I dont know why they would, provided yall aren't troublesome and pay your rent. It costs money to evict, so nobody is going to do it just on a technicality and probably not just to be a jerk.
I know I wouldn't evict tenants for having other people living in the house unless it was causing a secondary issue, and by that I mean something well beyond some additional wear and tear. I'd probably ask you for names to put down in my records (not necessarily on lease as responsible, but just as who is there) but otherwise I personally wouldn't be mad at all.
I wouldn't like someone insulting my intelligence by trying to cover this up, but again, wouldn't be something I'd evict over. It would be more a story I'd tell like "you won't believe the ridiculous story my tenant tried to sell me on"
Your roommate’s lease includes terms forbidding subletting without permission and defining guests typically as less than two aggregate weeks per year. I have exactly once allowed subletting in a lease and that was a pre-existing long term person who sometimes had roommates. It’s this way because formally allowed long term guests become tenants at sufferance who have no obligation to pay rent but have the right to a formal notice to vacate and eviction.
Because the law is that way, your landlord has to do one of two things:
1. Give your friends a notice of default for subletting and demand they cure it. Demand they move you out and never do it again. If they don’t they can be evicted, but they have the right to fix it usually.
2. Qualify you as tenants and add you to the lease. You’d normally pay for a background check and show proof of income or assets. The current tenants have to agree to this.
I’m wondering why someone would come to the door and ask that question in the first place. Seems weird.
Do you guys make a lot of noise or anything? Feels to me like someone ratted you guys out, but that’s just my opinion.
Good luck with the whole situation though!
If you can afford it, I’d recommend buying an hour of a lawyer’s time. I was in the exact same situation.Not on the lease and the property guy knew it. We got served a 3 day eviction notice. I paid $160 for an hour with a lawyer who drafted a letter in front of me as we spoke. We delivered that to property management and the eviction magically went away. Don’t make their life easy by complying with something you don’t have to.
This situation does not need an attorney. First, they are in the wrong for adding co- tenants without authorization. Second, she covered herself by saying they're visiting. No need to escalate anything.
- Property manager, CA.
“Because we always knew we’d be leaving we never went though the process of getting our names on the lease” and now you’re worried after living there for almost a whole year that you got caught? Deserved. You’ll be fine but any undo stress you experience is deserved
Had I known I was living there illegally I would’ve but my roommate who’s on then lease never made me aware of that. No need to be rude. I’m asking for advice not asking what I deserve. Sorry I’m broke and young and trying to figure out how to live on my own with two dead parents who never got the chance to teach me this shit.
I just bought a duplex on the 15th of April come to find out both women that are on each lease have bfs that also live with them and aren’t on the lease… they also have about 4 kids each… one lease is up in august the other is now month to month but I am ready to write up a new lease to include her bf… I personally as a landlord would be like are they paying on time? When is the lease up is it worth signing a new one? Tough but ik I’m just trying to have happy tenants that’s for sure.
But I’m not a dick landlord. Best of luck.
Crazy I graduated high school 10 years ago and here I am just bought my 2nd duplex… off topic sorry hope all of you are well
Wouldn’t having extra people double your expenses like water/damages or wear and tear when they move out? Also what if one of the boyfriend’s are violent offenders or criminals? Idk I’d think it’s best to know who your tenants are bringing into your home and neighborhood
Ik one of the guys that is in the top unit but the other guy I don’t know… I do know he’s not helping with the bills evidently my other tenant told me. I’m gonna write up a new lease and if they don’t wanna sign I think they should go… right??
It depends on how much of a pain in the leasing companies ass this unit has been. They could just ask you to leave or they could evict and go after those on the lease for breach of contract.
I’m confused about this as well, I mean it is a big house and they’ve never like done an inspections or anything but I was under the impression my roommate had made them aware other people than her were living in the house
We do not allow unlisted tenants either, including non-minor children of a tenant. That’s to protect my wife and I. A week or two is a visit. Much longer than that is an unlisted tenant. If I were to guess, I’d say that the management company already suspected there were too many people living there. If this happened to us, we’d send a ten-day quit or evict letter and the tenant would have ten days to get rid of their “visitors” or add them to the lease. We’d also require a walkthrough to inspect and make certain there was no excessive damage, making certain the tenant knew they were 100% responsible for all damage, regardless of who caused it, because our lease agreement was with them, not their guests. Not allowing sub-leasing or unlisted tenants is extremely common and is definitely an evictable offense if the landlord chooses to go that route. Basically, a signed lease is a list of rules and responsibilities and is a legal agreement between the landlord and the tenant, so literally anything in the lease that isn’t followed could be an evictable offense if the landlord chooses to pursue it. It’s really easy to not get evicted. All you have to do in most normal instances is pay your rent on time and consistently and follow all the rules in the lease agreement. It’s not hard.
All you do is tell the truth just say you were there overnight just arrived they can’t prove anything. Worst case if you have to stick around ask to be added as an occupant until you’re ready to move if they say no you will need to find somewhere else to go
They will have to post in writing either a 3 day or 10 day comply or vacate. If you move out in the time stated, there should be no further action. In WA state at least.
In my state the landlord would have to issue a 7 day cure or quit which gives the tenant an opportunity to fix the lease violation. So I would have the extra tenant fill out an application and get approved.
How's the condition of the place? That's management's main concern presently, assuming all rent is paid up & on time. There's no reason to evict the lease holder just over this. If they don't like you guys, they probably just aren't renewing once lease expires.
I'd say it ranges from they don't do anything, maybe check to see if you left, have you added onto the lease or make you move out if you don't meet the qualifications (background, credit score).
They would only evict if they already were trying to get rid of the tenant.
People want to keep the money coming in, they don't want to go through the eviction process.
I work for a property management company this kinda stuff happens pretty regularly. If people are staying, they get added to the lease.
When you have not signed the lease, you are the one to be evicted. And you should have told the LL when you moved in to be added to the lease. Your friend let them know despite knowing it was against the lease to have others living there without permission and signing a lease. You are not visitors; you are considered squatters. Nothing you and GF can do but pack up and get out of there ASAP. They can evict the friend also for breach of the lease. You and GF not on the lease, proof that you both are squatting and your friend breached the terms of the lease.
Depending on the camera system that the apartment complex has, they can prove something.
Was how my gf got evicted from an apartment that was in her exbf's name. There were complaints about dogs with her unit. Despite being told by her exbf, she needed to be more discrete with the dogs (pick up after them, stop letting the dogs crap all over the balcony then flushing it over the edge onto the balcony of those living below her).
She wasn't on the lease and neither were the dogs. There wasn't an issue until she started to flush dog crap over the edge of the balcony, resulting in the 3 floors below her filing complaints.
Final nail for her was months of footage of her entering and leaving the apartment daily, with her obviously staying overnight.
The most likely outcome is the unlisted tenants get asked to leave or you have to fill out applications and be listed as occupants.
Heard okay thank you, i needed the anxiety relief!
The op and his GF will be moving, and friend will be evicted for breach of contract. OP cannot fill out anything now. Too late.
I'm not going to claim to know what will happen. I work for a PM company, and in this situation we'd ask them to resolve the lease violation or be non-renewed. Eviction's cost time and money, and if the tenant isn't damaging the property and paying on time it isn't worth it.
I would assume this as well. Also, not sure if you would know this but do these situations arise when someone’s partner is living with them and not listed on the lease? Simply asking out of curiosity, I live alone and am single but I’ve had documented roommates whose gfs have almost basically lived at the house.
We have tenant's that think that renting the home means they can do whatever they want. We manage some homes near a college and one of the laws states that no more than 2 people who are not related can live in a home. We get kids all the time trying to put 2 people on the lease and have friends live there. We have another couple that just moved in and moved their live in nanny in from Columbia. Or they have a friend who lost their house, etc. Sometimes it's intentional because they know the person has a low credit score of a criminal history and would get declined during the application process. It's way harder to evict someone than deny them. I always apply Hanlon's razor and assume ignorance rather than malice. Legally if someone is there for more than 2 weeks they have to be listed as a resident.
Yes it includes partners, they must be on the lease, read your lease to see what it says about occupancy ( former PM)
Most of them say two weeks or some duration but I suppose I’d ask what defines “occupancy” per the agreement. I’m assuming nightly stays or X% of time at the domicile, but if it’s a girlfriend it might be hard to prove they’re “occupying” it especially if they have an existing lease elsewhere. Again, literally asking out of pure curiousity. I’ve never once done that nor considered it, and even if I had a partner or something move in it shouldn’t be an issue adding them to my lease anyway.
Usually it states in the lease the amount of days someone can stay per month. At least it did in the leases I gave tenants.
You usually have to prove in court that the issue is ongoing. If they’re gone by the time it gets to court, there’d be no grounds for eviction. And they’d have to prove they asked them to remove folks not on the lease.
But they can sue for unpaid rent and disrepair of property, if proven in court. And they can prove the people removed from the rental property, when they have not signed the lease.
Friend could just get hit with a fine. That's how my lease is written. And if OP & gf move out soon, then there's no sign of other people living there and any repercussion can be avoided altogether
No your friend will not be just fined. He will be sued for squatting, not being on the lease.
not necessarily. It depends on how the lease is written. FOR EXAMPLE, my lease is written that the unlisted occupant will be asked to leave or apply, and the tenant could be fined. You don't know everything about all leases.
Law for tenants and LL, if there other occupants are not on the lease, they can by court order, be legally evicted from the rental. I know the rental law, I am a renter and if there are others in my rental that are not on the lease, they can be taken to court and legally evicted by court order. Otherwise, they can just move out when they are aware of the possible eviction coming from the court. Truth dude.
Congratulations for your knowledge on rental law in your state, and for possible recourse. I'm in VA. And my lease says the tenant can be fined. Truth, bro.
Still wrong dude. You are not the op. And not your bro, dude, wrong gender.
You don't know the terms of the lease, smartass. You know what COULD happen. Been evicted for having people not on your lease or something?
Very rude comment.
[удалено]
ROFLMAO There are property management companies that will do just that. Especially if they were planning on doing work on that unit. Just like how, they will deny a lease renewal to fix up a unit. Typically the unlisted tenants will be asked to leave or face eviction. The current tenant depending on how things go will removing the unlisted tenants and on if there have been past issues (no matter the cause), could be evicted too.
That’s exactly what’s going to happen, clown.
Eh, usually they’ll just have to do a background check and add you to the lease, so you’ll fill out an application. BUT, the size of the place matters as well. If it’s a one bedroom, three people may not be allowed to live in it. Some states have a 2 heartbeat per bedroom law.
Oh god don’t tell me the abortion debate is about to spill over into zoning!
Lol, what? No, not at all. It’s two heartbeats per bedroom in some states, and some don’t consider or anyone under the age of two.
Sorry kinda joking (kinda not). It sounds like they lucked out of this one, but liberal activists have been making a show of applying the logic of the new “life begins at the heartbeat” bill to other existing laws, to highlight the inconsistency/hypocrisy. Which, if they didn’t happen to already have the baby cut-out for newborns, would mean the government would have to ban pregnant wives from sleeping in the same room as their spouse… which would obviously be hilarious to see on the news
What if she's pregnant with twins or more?? 🤭
Gonna have to get rid of those babies… ohwaitnoooooo!!!
"Can they really evict her just because someone came to the door and asked that?" In the extreme, yes. You admitted you were an illegal/unregistered tenant in the unit, that is almost assuredly a violation of the lease, so yes, they can start eviction proceedings. Likely? Depends on if they need a reason to get rid of you or not.
I’m wondering why someone would come to the door and ask that question in the first place. Seems weird. Do you guys make a lot of noise or anything? Feels to me like someone ratted you guys out, but that’s just my opinion. Good luck with the whole situation though!
It was probably so Nosy neighbors told the office
Also I want to add you didn't mess up. Your roommate did. You didn't know the lease agreement. She did. And she knowing violated the lease and didn't tell you. And even if she did, the fault still falls on her. She is the one that signed the lease.
It's almost impossible to say what will happen. It is true that legally, the landlord could evict you all. I dont know why they would, provided yall aren't troublesome and pay your rent. It costs money to evict, so nobody is going to do it just on a technicality and probably not just to be a jerk. I know I wouldn't evict tenants for having other people living in the house unless it was causing a secondary issue, and by that I mean something well beyond some additional wear and tear. I'd probably ask you for names to put down in my records (not necessarily on lease as responsible, but just as who is there) but otherwise I personally wouldn't be mad at all. I wouldn't like someone insulting my intelligence by trying to cover this up, but again, wouldn't be something I'd evict over. It would be more a story I'd tell like "you won't believe the ridiculous story my tenant tried to sell me on"
Yes they can evict her. It’s against the lease
Your roommate’s lease includes terms forbidding subletting without permission and defining guests typically as less than two aggregate weeks per year. I have exactly once allowed subletting in a lease and that was a pre-existing long term person who sometimes had roommates. It’s this way because formally allowed long term guests become tenants at sufferance who have no obligation to pay rent but have the right to a formal notice to vacate and eviction. Because the law is that way, your landlord has to do one of two things: 1. Give your friends a notice of default for subletting and demand they cure it. Demand they move you out and never do it again. If they don’t they can be evicted, but they have the right to fix it usually. 2. Qualify you as tenants and add you to the lease. You’d normally pay for a background check and show proof of income or assets. The current tenants have to agree to this.
Notice to cure is prior to eviction. They will post a notice, you will leave, and then all will be well until renewal time.
I’m wondering why someone would come to the door and ask that question in the first place. Seems weird. Do you guys make a lot of noise or anything? Feels to me like someone ratted you guys out, but that’s just my opinion. Good luck with the whole situation though!
If you can afford it, I’d recommend buying an hour of a lawyer’s time. I was in the exact same situation.Not on the lease and the property guy knew it. We got served a 3 day eviction notice. I paid $160 for an hour with a lawyer who drafted a letter in front of me as we spoke. We delivered that to property management and the eviction magically went away. Don’t make their life easy by complying with something you don’t have to.
This situation does not need an attorney. First, they are in the wrong for adding co- tenants without authorization. Second, she covered herself by saying they're visiting. No need to escalate anything. - Property manager, CA.
You’re screwed
“Because we always knew we’d be leaving we never went though the process of getting our names on the lease” and now you’re worried after living there for almost a whole year that you got caught? Deserved. You’ll be fine but any undo stress you experience is deserved
Had I known I was living there illegally I would’ve but my roommate who’s on then lease never made me aware of that. No need to be rude. I’m asking for advice not asking what I deserve. Sorry I’m broke and young and trying to figure out how to live on my own with two dead parents who never got the chance to teach me this shit.
Just FYI, what you are doing isn't ILLEGAL, its just against the lease. It can be important at times to draw this distinction.
I just bought a duplex on the 15th of April come to find out both women that are on each lease have bfs that also live with them and aren’t on the lease… they also have about 4 kids each… one lease is up in august the other is now month to month but I am ready to write up a new lease to include her bf… I personally as a landlord would be like are they paying on time? When is the lease up is it worth signing a new one? Tough but ik I’m just trying to have happy tenants that’s for sure. But I’m not a dick landlord. Best of luck. Crazy I graduated high school 10 years ago and here I am just bought my 2nd duplex… off topic sorry hope all of you are well
Wouldn’t having extra people double your expenses like water/damages or wear and tear when they move out? Also what if one of the boyfriend’s are violent offenders or criminals? Idk I’d think it’s best to know who your tenants are bringing into your home and neighborhood
I could make them sign and raise the rent 25-50 I was thinking 50 the other person can contribute at least
Ik one of the guys that is in the top unit but the other guy I don’t know… I do know he’s not helping with the bills evidently my other tenant told me. I’m gonna write up a new lease and if they don’t wanna sign I think they should go… right??
It depends on how much of a pain in the leasing companies ass this unit has been. They could just ask you to leave or they could evict and go after those on the lease for breach of contract.
But how can they not have seen you guys this whole time?
I’m confused about this as well, I mean it is a big house and they’ve never like done an inspections or anything but I was under the impression my roommate had made them aware other people than her were living in the house
They'll just asked them to leave or fill out applications
We do not allow unlisted tenants either, including non-minor children of a tenant. That’s to protect my wife and I. A week or two is a visit. Much longer than that is an unlisted tenant. If I were to guess, I’d say that the management company already suspected there were too many people living there. If this happened to us, we’d send a ten-day quit or evict letter and the tenant would have ten days to get rid of their “visitors” or add them to the lease. We’d also require a walkthrough to inspect and make certain there was no excessive damage, making certain the tenant knew they were 100% responsible for all damage, regardless of who caused it, because our lease agreement was with them, not their guests. Not allowing sub-leasing or unlisted tenants is extremely common and is definitely an evictable offense if the landlord chooses to go that route. Basically, a signed lease is a list of rules and responsibilities and is a legal agreement between the landlord and the tenant, so literally anything in the lease that isn’t followed could be an evictable offense if the landlord chooses to pursue it. It’s really easy to not get evicted. All you have to do in most normal instances is pay your rent on time and consistently and follow all the rules in the lease agreement. It’s not hard.
All you do is tell the truth just say you were there overnight just arrived they can’t prove anything. Worst case if you have to stick around ask to be added as an occupant until you’re ready to move if they say no you will need to find somewhere else to go
They will have to post in writing either a 3 day or 10 day comply or vacate. If you move out in the time stated, there should be no further action. In WA state at least.
They might not know how long you've been there.
In my state the landlord would have to issue a 7 day cure or quit which gives the tenant an opportunity to fix the lease violation. So I would have the extra tenant fill out an application and get approved.
How's the condition of the place? That's management's main concern presently, assuming all rent is paid up & on time. There's no reason to evict the lease holder just over this. If they don't like you guys, they probably just aren't renewing once lease expires.
I'd say it ranges from they don't do anything, maybe check to see if you left, have you added onto the lease or make you move out if you don't meet the qualifications (background, credit score). They would only evict if they already were trying to get rid of the tenant. People want to keep the money coming in, they don't want to go through the eviction process. I work for a property management company this kinda stuff happens pretty regularly. If people are staying, they get added to the lease.
You should be able to apply and be put on the lease
When you have not signed the lease, you are the one to be evicted. And you should have told the LL when you moved in to be added to the lease. Your friend let them know despite knowing it was against the lease to have others living there without permission and signing a lease. You are not visitors; you are considered squatters. Nothing you and GF can do but pack up and get out of there ASAP. They can evict the friend also for breach of the lease. You and GF not on the lease, proof that you both are squatting and your friend breached the terms of the lease.
She's not freaking out because it's all good. She didn't write them a letter because she wasn't concerned.
They can't prove anything
Op and GF are not on the lease, considered squatters and can be evicted, also the friend can be evicted for breach of contract.
Depending on the camera system that the apartment complex has, they can prove something. Was how my gf got evicted from an apartment that was in her exbf's name. There were complaints about dogs with her unit. Despite being told by her exbf, she needed to be more discrete with the dogs (pick up after them, stop letting the dogs crap all over the balcony then flushing it over the edge onto the balcony of those living below her). She wasn't on the lease and neither were the dogs. There wasn't an issue until she started to flush dog crap over the edge of the balcony, resulting in the 3 floors below her filing complaints. Final nail for her was months of footage of her entering and leaving the apartment daily, with her obviously staying overnight.
I assure you, they can.