Hello,
In the state of Indiana is it legal for a tenant to be added to the original copy of a one year lease without the verbal or written consent of all parties previously signed to the lease? Is the contract still valid? Could the tenant dispute being obligated to the lease, and could the landlord enforce the lease?

The situation involves two tenants that signed a lease for a property. Months later, two other tenants were signed on to the original lease and treated as regular tenants. There is no written or verbal evidence of the original two tenants consenting to the addition of the later two tenants. Could a court of law find the contract to be void if one of the original tenants were to sue?

One of the tenants that was added without consent has created problems for one of the original tenants, forcing one of the original tenants to leave out of fear for their personal safety and that of their property. Can the landlord continue to hold all parties as jointly and severely liable? Is the lease evan valid? What would happen to the three tenants still living at the leased property if the lease is deemed invalid?

Thank you

Hello Pepper:

Apparently there were four people in the apartment, and only two of them signed the lease. Then the landlord added the other two people to the lease. You now wonder if that means that the two people, who signed the lease originally, are no longer responsible?

If that's correct, the answer is the people who signed the lease are responsible.

Or, two people lived in an apartment. Later the landlord moved two more people into that apartment, and you wonder if the two original people on the lease are responsible. If that's correct, the answer is no. You should have not let him move anyone else in.

Or, if I'm missing something here, please fill it in.

excon

It is more like the first situation described, but not quite. Two tenants originally signed the lease. The landlord added two people to the original lease without verbal or written (or even initialled) consent by one of the original tenants. One of the new tenants created problems. The four individuals were not all living together prior to the addition of the new tenants.The landlord added the tenants to the lease before the term of the lease officially began and provided no written notification of the addition.

Are all four parties legally binded to the lease? Can either or of the original tenants leave the lease, or may one of the original tenants forcibly remove one (or both) of the unconsented additions.

The two "add-on" tenants moved into the apartment. There is a clause in the lease stating that modification of the lease may be "only by a written agreement signed by both Lessor and Lesses" and no such written modification occurred.

If this is legal, what is to prevent a land lord from adding any tenant to any lease at any time? What recourses does a tenant have if additional tenants are added to a lease without consent?

As one of the original tenants, I have been forced to leave the premises to ensure my own personal safety and the safety of my possessions (including a cat that was physically abused by one of the add-on tenants) as a direct result of one of the add-on tenants I did not consent to. I am considering obtaining a restraining order against said add-on tenant since threats have been made by said add-on tenant to cause further damages at my new address.

Because the landlord added an individual, without my consent, to the lease I am no longer able to safely live on the premises. Am I still legally binded to the lease? If I am, is there any way to remove the unauthorized tenant so that I may live within what once seemed to be my home?

Thank you

It depends on the terms of the lease and how the property was rented. I'm assuming this is a multi-bedroom apartment. Your lease may entitle you to the use of a bedroom and common areas. In that case, then the landlord has every right to rent out the remaining bedrooms. However if your lease is for the entire unit, then the landlord has no right to rent part of the unit to anyone else without your permission.

The rental agreement if for the entire property, including bedrooms and common areas. The landlord made this modification to the lease that I and the original other tenant signed. It was not a separate additional agreement created between the landlord and additional tenants. The landlord added the people directly to the original copy without any written modification or acknowledgement by any of the existing tenants

What are my recourses in this situation?

After some research, I've discovered Indiana code 32-31-5-4:
Unless otherwise provided by a written rental agreement between a landlord and tenant, a landlord shall give the tenant at least thirty (30) days written notice before modifying the rental agreement.

No such provision exists in the lease, and no such notice was issued pertaining to the addition of the tenants.

Thanks

In my opinion you have grounds for terminating the lease and, possibly, a cause of action against the landlord. Consult an atty.

Thank you for your help Scott, truly appreciate it. :) Looks like I'll be lawyer shopping this week :(

Any chance I can settle things with just the landlord? She tends to be a bit of a witch about stuff, but even the grinch had a heart in the end. :-\

Thanks again

If you just want out of the lease, then you may not need an atty. Send the landlord a letter stating that she has broken the lease by renting the premises to additional people without your assent.

If she sues you,then you might need an atty. If you want to sue for damages I would suggest an atty.

Quote:

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Originally Posted by PepperL

Hello,
In the state of Indiana is it legal for a tenant to be added to the original copy of a one year lease without the verbal or written consent of all parties previously signed to the lease? Is the contract still valid? Could the tenant dispute being obligated to the lease, and could the landlord enforce the lease?

The situation involves two tenants that signed a lease for a property. Months later, two other tenants were signed on to the original lease and treated as regular tenants. There is no written or verbal evidence of the original two tenants consenting to the addition of the later two tenants. Could a court of law find the contract to be void if one of the original tenants were to sue?

One of the tenants that was added without consent has created problems for one of the original tenants, forcing one of the original tenants to leave out of fear for their personal safety and that of their property. Can the landlord continue to hold all parties as jointly and severely liable? Is the lease evan valid? What would happen to the three tenants still living at the leased property if the lease is deemed invalid?

Thank you

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If the property is zoned and accepted as a "boarding house, hotel, motel, communal living" then what the landlord did may be acceptable. Your lease agreement would clearly state that you rented the bedroom and use of the common areas. If your lease specifies that you rented the property located as (address) described as a single family home etc. then the landlord is out of line. Check with the zoning board to see how the property is listed.

If this is a "boarding house etc." then the Revised Code for Commercial property is the code that you should be reviewing.

It is not a boarding house. The lease clearly specifies the property as the address of the propery. It is most assuredly not a boarding house.

I returned my keys to an employee of the landlord, making sure to have a witness present. I vacated the premises. I sent the landlord a letter explaining the Indiana statute violated and the explaining that the landlord violated clause 28 of the lease. I even requested to meet with her directly to discuss the matter. Unfortunately, the landlord has been curt and incompetent in the matter, insisting that the problem is between myself and the other tenants. But I simply fail to see how the landlord's actions in this situation could be between myself and the tenants.

I have tried to do everything to help both the landlord and the other tenants, yet nothing is working. Ultimately, I just want the entire situation to be in my past, but I am starting to fear that pursuing the item in a court of law is my only option. I'd prefer not to sue the landlord (and possibly one or more of the tenants) but it is beginning to look like the only option, since the landlord maintains that nothing illegal has occurred.

*sigh* All I want at this point is peace of mind...

Based on all of the information you've provided, here is what I suggest that you do:

Send a letter to the landlord by certified mail, return receipt requested. In the letter you should reiterate that she has violated the terms of the lease by her attempt to unilaterally modify the lease. Her violation of the lease was so serious that you have no choice but to consider the original lease null and void, particularly since her modification without your consent resulted in a physical danger to you and your property.

The letter should then state that you expect the immediate return of your security deposit in full, and that you also expect an immediate refund of one-half of the rent you have paid for the entire time that the additional two tenants were living in the house.

You can further explain in the letter that your original lease was for the entire house and she had no right to invite additional people into the house you had leased. The lease provided a total amount of rent that she was to receive for the house and she has been receiving double that amount during the time that the additional tenants were there. Therefore you are entitled to one-half of that amount, and the other tenant who signed the lease with you is entitled to the other half.

Then say that if you are not in receipt of the security deposit and the refund of one-half of the rent you paid within 10 days of her receiving the letter then you will have no choice but to file a lawsuit.

That should make her choke at least a little bit. :)

I like your recommendation, and I will work to craft such a letter this weekend. Part of the issue, though, is that she physically added the names to the original lease, so it wound up being ALL 4 parties paying the original sum. Very bizarre. So I ended up paying $250 per month instead of $500 per month since there were 4 tenants not rather than 2.

The money means nothing to me, ultimately. What I want most of all is for her to acknowledge that I am not responsible for the property and most importantly I want her to NEVER do this to someone else. Money doesn't undo the stress and damage that has occurred... but hopefully my actions can prevent the landlord from putting another unsuspecting person in similar jeopardy.

Thank you very much for your advice :)

Ok, you'd better take out the part about her refunding half of the rent to you. :)

Good luck!

From your last post, it appears that you have been paying $250 rather than the $500 original amount. I have to wonder if that lower payment isn't a type of "agreement" to the terms. I am not that sure that you have anything to stand on, since you agreed to the terms by paying the lower monthly rent. Thoughts?

The lease does explicitly state that modifcations can only be made in writing, and that verbal and tacit agreements do not constitute legal modification.

Exact wording:
28. This Agreement may be modified only by a written agreement signed by both Lessor and Lessees, and any attempted oral modification of this Agreement, whether real or purported, shall be of no force or effect.

Any thoughts would be much appreciated