Chosen by Asker

Moving anyone in that is not on the lease is a violation of the lease. The number of people do not matter. The health code laws, which have nothing to do with your landlord, are 2 people per legal bedroom. If your cousin is the only person on the lease he should be living there alone.

by Landlord

4 months ago

Asker's Rating: 

Yes he can. It does not have to be spelled out in your lease, because it is a matter of civil code of the jurisdiction in which you lived. By signing the lease, you also agreed to abide by all laws and regulations.....even if you claim ignorance about them.

by Ryan M- 4 months ago

Those who are not on the lease must leave the premise. He didn't need to add any commentary about "health" or "sexual orientation". The policy stands regardless of either unless you specific name someone on the lease prior to them moving in.

by Mo- 4 months ago

Two on the lease, four living there. You violated your lease and that is grounds for eviction. Nothing can be done. Read your lease

by Not I- 4 months ago

I have found that gay renters are usually good they are clean and like to decorate but he has point with so many people living there that were not authorized so you need to move 2 out and keep the peace. It actually violates your lease so he only has to give you 3 days notice warning to move out. sry

by Klaatu- 4 months ago

By "health issue" he could have meant it's prohibited by the city or county board of health. Buildings are zoned for a certain number of occupants, based partially on the sewer or septic capability of the building. By adding two more illegal occupants, you may well be stretching the building to the limits of its sewage-handling capability. A lease allows the people listed in the lease to live in the property. Just because it doesn't say you can't add more people doesn't mean you can.

by rtfm- 4 months ago

There are also HUD requirements on housing as to how many people can live in a certain place. Usually it's two adults per room, so if it's a one bedroom place, that's in violation. Also, with your cousin being the only one on the lease, even though it doesn't specify how many can live there, legally he is the only one who does. He may not like that you're gay and that may be his real reason, but he has standing if he claims it is something else. Ask to redo the lease with yourself on it or find a place that will take you guys. Good luck!

by bcyouletme- 4 months ago

Of course the lease states how many people can live there. If the lease is only between your cousin and the landlord...then your cousin is the only one allowed to live there.

by reenzz- 4 months ago

Your landlord is absolutely right to evict you for having two extra people living in the apartment who are not on the lease and were not approved as tenants prior to moving in. Every house, apartment building, etc, has to have a Certificate of Occupancy issued by the local government in order to live there or to rent it out. The CO stipulates, in accordance with local building codes, health codes, etc, the limits on the number of persons who may live in each unit. Violate that CO, and the landlord loses the CO and everyone in the building is evicted by the board of health, planning & zoning, or whoever has jurisdiction. Furthermore, additional persons in a unit add to the landlord's costs: water, etc. Only the person(s) on the lease or agreed to by the landlord prior to move in can remain. The rest of you are out immediately, or else everyone is evicted. It is perfectly legal, in fact essential to abide by the laws regarding occupancy and health. You have no claims for "discrimination" or anything else. You are clearly in the wrong and liable for damages to the landlord. Out. Now.

by ibu guru- 4 months ago

Even if he is homophobic it has no bearing on this matter because you guys ar still in the wrong. If the cousin the the only one on the lease then the cousin is the ONLY one authorized to live there. The lease does not have to specifically state a number of people allowed. The lease states this by the names on the lease. Anyone not on the lease are unauthorized tenants and he has every right to evict all of you if you do not leave. You CANNOT just move people in when you rent. That is illegal!!

by Wildcat- 4 months ago

As a landlord seeking tenants for my property the usual proceedure is to specify to individuals or couples that not more than 2 people are permitted to reside in my home on a permanant basis. This is accepted verbally and noted mentally before I proceed with security checks on hopeful applicants. The point is this is my home not theirs and they pay rent to reside and take care of my interests as well as their own to put a roof over their heads. In nowise do I accept strangers that I have neither interviewed or cleared personally for security to live in my property. Would you like it if I took control of what belonged to you without asking?

by Gettingold- 4 months ago

You said you all lived in an "apartment" and not a house. The general rule is 2 people to a one-bedroom. I don't know how big your apartment is or how many they allow, but I do know in places there are community rules that state how many people of different families can live in one place (just like they state the amount of pets you can have)..yeah, that's community rules (county ordinances). But there could be even ordinances for how many people could live there with regard to fire regulations (as to how many could get out safely if there were a fire). But he could have run into that before and it being a health issue (check with the Health Department if you're curious). Usually though only the people who are on the lease can live in an apartment. Perhaps he though the other two of you were just vising till he realized you all were "living" there an that IS against the lease agreement. Usually there's a landlord organization that makes the rules that go into the lease and they have an attorney who writes it up for them. The rule is that you can have A guest stay overnight up to one week per year. Frankly two are too many. What's the problem with paying rent, can't those two other people get jobs and pay for themselves? What can be done is that 2 of you can move.

by sophieb- 4 months ago

It could be a health and zoning issue. Check with your town, village. Each BR can only hold so many people. If this is a 1BR apartment, LL is right. It has NOTHING to do with anyone being gay or not. LL rented to one person and that person only. Probably says something in lease about guests not more than 14 days per year, MOST do. The lease/application has place for all occupants to be listed, even if not all are liable for lease. Not enough info included here.

by chatsplas- 4 months ago

Bottom line is a landlord can limit the number of people that is allowed to live in the rental.

by Classy Granny- 4 months ago