Question

My husband was denied to be added to my lease?

Husband denied to be added to lease?? Hello....a bit of background about this is.... 1. Husband used to have an apartment in the same complex, walked out of lease, and made payments to the apartment complex and it was paid off. So there was no eviction and no judgement ever done. My husband has no criminal background, a squeaky clean driving record, just not so good credit. 2. We got married, he was supposed to be re-enlisting with the military full time so the apt complex said that when it happens to just show them his orders and they would let me out of the lease with no penalty. Well that fell through, so we decided it's best to add him on...and I am in the middle of my lease and I want him added on so he can move in (he is really living there with me but they don't know that)..... So today we got told he was denied to be added to the lease, wouldn't say why....and said that they were going to forward it up to corporate for a decision. She said however they might have to charge a deposit to add him onto the lease even just as an occupant... That's freakin' ridiculus in my head.... And I don't really see how they can do that without amending the terms of my current lease.... we would not be signing a new lease, we would just be adding him to the lease. So my questions are as follows: 1. Can they tell me my husband can't live with me? 2. Can they legally charge me a deposit for adding him on when I would be the primary lease holder and he would just be an occupant? 3. If after they take it to corporate and if it comes back still denied, can I get out of my lease without paying penalties since he is my husband and we are legally married and shouldn't be separated? I would imagine that they can't legally "separate" us in a living situation. 4. Oddball question.....we are thinking about starting a family...the legal amount of occupants for my apt. is 2....would that include an infant? Neither of us have any housing debt other than collections on our credit report. No judgements of any kind for housing... Please someone let me know my rights!!! 16 minutes ago - 4 days left to answer. Additionally, someone made a remark that I am not required to live there, just to pay the rent? Actually ...yes I am. I have to notify them if at anytime I will be gone for more than 5 days...and ONLY people on the lease are allowed to occupy the residence for "living" purposes. Someone also made the statement that they probably view him as a risk...How is he a risk since I have been paying my rent on time for a year an half (i've never been late on my rent) and he is simply being added as an occupant? I would also like to add that my husband is a military reserve, as well as a 10% disabled veteran. He does not have a job right now, and he is a "dependant" of mine. Someone said that they cannot tell me that my husband cannot reside with me however they CAN tell him that he can not live on the property....umm.....isn't that still saying that my husband cannot live with me? Someone asked why is it so important to add him onto the lease....it is important because all "residents" over the age of 18 MUST be on the lease.

2 months ago - 9 answers

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1. Can they tell me my husband can't live with me? They did not say that. They are saying he can not live on their property. That is their right, you can't live in property without permission of the owner. Surely you can figure that out. 2. Can they legally charge me a deposit for adding him on when I would be the primary lease holder and he would just be an occupant? Yes, adding another person is a major change, not a minor one. They know he is not a good guy too, he is very high risk. 3. If after they take it to corporate and if it comes back still denied, can I get out of my lease without paying penalties since he is my husband and we are legally married and shouldn't be separated? I would imagine that they can't legally "separate" us in a living situation. No, your marriage contract and your lease contract are not associated with each other. You are not forced to live there, only pay the rent. 4. Oddball question.....we are thinking about starting a family...the legal amount of occupants for my apt. is 2....would that include an infant? children are not counted until they are 12 months old

by Alison

2 months ago

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Other Answers

starting a family?,,,why not get a couple of jobs and save for your own house ...you won't have to deal with this stuff....

by Mar C- 2 months ago

I would just buy out your lease. this place sounds crazy. and what if you do start a family? then you are over your limit. and besides, the owners sound like slum lords. Sorry D:

by Sammi- 2 months ago

they own the property, from your description there is no discrimination. they are free to set there own rules as long as they are not in violation of law. questions 1 & 2 the answer would be yes they can, you will not have a valid legal reason for breaking you lease

by rwa000- 2 months ago

1. They have the right to deny anyone living there... yes. Were you already in this complex when you got married? Otherwise, I'm not sure why you would choose to live where your husband broke a lease... 2. Yes, they can legally charge you a deposit. It's their property. 3. You can only break your lease if you're willing to pay the rest of the term. Your landlord may let you find someone to sublease, or may make you pay only until they can find someone else to rent, but there's no guarantee. 4. Yes, 2 occupants includes an infant.

by spalmer- 2 months ago

If you have a question about the "legality" of what they are doing, you will have to check with your local housing authority laws. However, with that said, I will say that yes they can deny him a lease. He walked out on his original lease and made payments on his debt. He did not pay the debt according to the original terms that he had agreed. So, from a business standpoint (which is where they are coming from), he is a risk. Requesting a deposit from you to add him to the lease, again posses the same risk (he may convince you to skip on your agreement). Any landlord can deny a potential tenant solely based on their credit report. They usually can do that, just as they ask for an additional deposit for a pet - it is a risk. As far as the legal amount of occupants... yes, an infant becomes an occupant. Suppose you had twins, triplets, or even quadruplets - they all grow up to be little people. When people are looking at your credit, it doesn't matter whether they are "housing debt" or any other debt. Debt is debt. They aren't looking at their own category to see if you have neglected only that category. They are looking at your overall payment history. If you don't pay your bills (and it certainly doesn't matter to them why you haven't or couldn't), you are a risk to them. As far as your question about them denying your husband the right to live there, could they "legally" separate you? The answer is no. They can't "legally" separate you - but they can deny him the right to live in a building that they own due to previous issues that have been documented. They have that right. Then, you have to make a decision between your husband or your apartment. I don't know if the penalty that they could potential issue would be worth getting an attorney to fight for. Why is it so important to put him on the lease?

by Owen- 2 months ago

A lot of this really is determined by where you live. Different states have different regulations. However, under no circumstances can they deny your husband the right to move into your apartment. If they are unwilling to add him to the lease, (which is actually a poor decision on their part, 2 people on a lease gives them 2 separate avenues to chase if their is claim agianst you in the future), they can not require you to pay an additional deposit, unless they do that for apartments they rent with multiple dwellers. You may not terminate your lease based upon their actions, without a legal ruling. Since you are on a yearly lease, if you plan a family, then plan to mave as well at the end of your lease.

by patrick- 2 months ago

Your rights are to abide by the lease you signed. You living there alone. Your husband does have a poor record with this company and they are within their rights to deny him. Your options are to buy out your lease and move or just continue as you are going and paying the extra.

by sassy25- 2 months ago

1. Yes your apartment complex can tell you that your husband cannot live with you. A broken lease remains on the individuals credit report for seven years. Since your husband already broke a lease with them, they do not see his as a good renter. 2. Yes they can legally charge a deposit for adding him onto the lease. 3. No you cannot get out of your lease without penalty even if they refuse to add your husband to the lease. Many couples are married but do not live under the same roof. You and your husband chose to get married when you did. Your lease is a legally binding agreement and makes no mention of marriage or a spouse. 4. If the legal amount of occupants is 2 that means 2 individuals can live there. In addition to yourself a husband and baby would make 3. You do not have renter rights that allow you to add your husband to the lease. The landlord or property management company can decide who is allowed to live there. You and your husband will probably have better luck renting somewhere that he has not broken a lease.

by Heather- 2 months ago