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    rjkinsella's Avatar
    rjkinsella Posts: 2, Reputation: 1
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    #1

    Nov 10, 2011, 07:38 PM
    Is a lease for a one bedroom apartment binding if only one teenager is on the lease
    One bedroom apartment
    One parent one 17 year old and one 15 year old
    Landlord only put one child one lease but knew both were living there
    She said it was illegal to rent one bedroom to three people but did it anyway
    Want to break lease and move into friends house can I break lease since it was falsified in the first place?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Nov 10, 2011, 08:36 PM
    NO, if you signed the lease knowing it did not list both kids you agreed to the fraud, you could have merely refused to sign till both were listed.

    Also 3 people often live in small apartments, if anything it may be code violation or breaking apartment rules.

    But no I don't see this as grounds for anything.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #3

    Nov 11, 2011, 06:20 AM
    The parties to the lease are you and the landlord.

    The lease doesn't have to recite how many people are to live in the unit. If it does, that's because the lease form asks for that information. It is up to you and the landlord as to what the lease says.

    Does the lease say you cannot have more people in the unit?
    rjkinsella's Avatar
    rjkinsella Posts: 2, Reputation: 1
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    #4

    Nov 11, 2011, 06:33 AM
    I figured it would be against code and the rules of the apartment complex that's why she said it was a favor to me by renting to me.But since it was fraud by her to rent to me and me to sign it could I get out of it? She is threatening me with wage garnishment if I leave. Don't know what to do.
    smoothy's Avatar
    smoothy Posts: 25,490, Reputation: 2853
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    #5

    Nov 11, 2011, 07:09 AM
    Ask her how much to buy your way out of the lease... otherwise... she can take you to court and get a garnishment to collect from the court if she wins if you try to break it. And she likely will win.

    What is in writing is what counts... here-say is not viewed in the same way for very good reasons.

    In court she only has to say YOU told her you had ONE child... she can produce papers you signed to support it.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #6

    Nov 11, 2011, 07:11 AM
    Quote Originally Posted by rjkinsella View Post
    ... But since it was fraud by her to rent to me and me to sign it could i get out of it? ...
    I don't know that it was fraud. Who did you defraud? When Fr_Chuck mentioned that term, I figured he was referring to the building code authorities. But if no one is being fooled, it isn't fraud.

    On the other hand, if it is in fact an illegal lease for being in violation of the local government's occupancy rules, it's possible that it might not be enforceable against you.

    But, as Smoothy suggests, that is a weak argument in light of your misrepresentation about the number of occupants.

    Quote Originally Posted by rjkinsella View Post
    ... She is threatening me with wage garnishment if I leave. Dont know what to do.
    She would first have to sue you. You could defend the suit claiming that the lease was illegal and therefore enforceable. If the court doesn't buy that argument, they might be able to get a judgment against you. Only if that happens could they garnish your wages.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #7

    Nov 11, 2011, 12:12 PM
    Fraud in a lose term, and then only assuming there were code issues on the rental. Heck I would rent to 6 people in my one bedroom if I wanted to where I owned property.

    But it does not void any lease
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