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    lukapuka's Avatar
    lukapuka Posts: 4, Reputation: 1
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    #1

    Nov 11, 2008, 05:57 PM
    Adding the boyfriend to the lease
    I currently have a month to month (California) and my boyfriend moved in with me. A month after adding his name to the lease we are told that he is not allowed to reside here because he cannot prove his income. The "lease" is already in my name, I have always paid in full and on time, so basically nothing is changing other than the fact he lives with me.

    Q: This was not a 30 day notice, does he legally have to move out? How will this effect me?

    It just seems to me that with all the stay-at-home moms, handicapped people, PEOPLE TAKING CARE OF OTHER PEOPLE, how could this possibly be legal? Is it?
    lukapuka's Avatar
    lukapuka Posts: 4, Reputation: 1
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    #2

    Nov 11, 2008, 06:46 PM
    Quote Originally Posted by lukapuka View Post
    I currently have a month to month (California) and my boyfriend moved in with me. A month after adding his name to the lease we are told that he is not allowed to reside here because he cannot prove his income. The "lease" is already in my name, I have always payed in full and on time, so basically nothing is changing other than the fact he lives with me.

    Q: This was not a 30 day notice, does he legally have to move out? How will this effect me?

    It just seems to me that with all the stay-at-home moms, handicapped people, PEOPLE TAKING CARE OF OTHER PEOPLE, how could this possibly be legal? Is it?


    I forgot to add, when I initially moved in, there was a "credit check fee" that I was required to pay but they never ran my credit. This brings up two questions, under what pretenses was it okay to let me move in without the same qualifications they are requesting from him? Can I get that fee back?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #3

    Nov 11, 2008, 07:18 PM

    How do you know they didn't do a check?

    Does your lease say anything about any other occupants?
    lukapuka's Avatar
    lukapuka Posts: 4, Reputation: 1
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    #4

    Nov 11, 2008, 09:54 PM
    Quote Originally Posted by ScottGem View Post
    How do you know they didn't do a check?

    Does your lease say anything about any other occupants?
    I get updates (via lending tree) every time something changes on my credit report. It shows ALL inquiries and none from my current landlord.

    My lease states that I am the only resident and that no one else can reside without written consent from them. "Persons not listed in the lease may not stay for more than 15 consecutive days without owners written consent and not more than twice that many days in any one month"

    We have concluded that if he is away, which he often is, that may solve the problem. Unless of course the fact that all of his things are here and he feels like he has to creep around when he's home since we have an on property manager who seems to know everyone whereabouts at all times.

    Do we have any protection since we added him to the lease and they waited one month to send this letter?

    PS thanks for your response.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #5

    Nov 12, 2008, 07:39 AM

    First, there are other ways to check credit besides using the credit reporting services. Also does your monitoring service monitor all THREE reporting services? But you might have an issue with that and can ask them to produce a receipt for the check.

    Clearly he is only allowed to reside there with their approval. Therefore if they don't want him he has to move out. Or you can be evicted.
    lukapuka's Avatar
    lukapuka Posts: 4, Reputation: 1
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    #6

    Nov 12, 2008, 09:24 AM

    Thanks,

    Someone else also told me that if after adding him to the lease over a month ago, and they accepted a rent check with his name on it, they accepted him as living here... do you know if this is true?

    Also since he does have to move out now, they do have to give a 30 day notice right? They can't just all of a sudden send a letter that says he is not allowed to reside here? Right?

    What do you think about him being gone so often (he spend allot of nights out if he is in another city, vacation etc... ) Do we have a little loop hole in the guest portion of the lease?
    bobloblaw's Avatar
    bobloblaw Posts: 41, Reputation: 3
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    #7

    Nov 12, 2008, 10:05 AM
    Is his mail coming to your address?

    Since its only a 30 day lease, in NJ, they need to provide 30 days notice that they are not renewing his lease (or your joint lease) which means they need to proceed with evicting him and sign a new lease with just you, and if they do that, I'd edit the lease and only agree to the lease if they remove that clause.

    If you don't want to edit the lease or they do not agree to that, then sign a new lease w/ just your name and so long as the BF doesn't have his mail coming to your address, where is there proof the BF is living there?

    Lastly, if you refuse to sign a new lease with only your name, they will be forced to evict all of you, and is that something they want to do?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #8

    Nov 12, 2008, 10:05 AM

    I doubt if his travleing will fly. If they allowed hime to sign the lease pending a background check, he's stuck. If there was no pending you might have a case.

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