How Long Is Too Long?
Most leases will stipulate a specific time period for what will determine if the person is a guest or if they are a tenant. A common definition of this is the time period is around 14 days in a 6-month period. If someone is going to be staying with you any longer than this, then they need to be on the lease.
Can You Kick Someone Out Of Your Apartment If They Are Not On The Lease?
This situation can get complicated, which is another reason why it is good to have anyone staying with your long term to be on your lease.
What is a lease?
The lease protects landlords and tenants. Sometimes a tenant may view a lease only as a landlord protection but that is not the case. The lease protects the tenant as well. If there are issues that arise the lease is the contract that will determine how those issues are handled.
What happens if a tenant sneaks into a rental?
If a tenant sneaks someone into the rental they are creating additional liability for themselves and that guest is not afforded the same rights as the tenants responsible for the lease. It’s a good idea that everyone of legal age signs the lease.
What are the risks of a landlord?
The risks for the landlord is that there is one less responsible party on the lease. The adult child wouldn’t be bound by the rules of the lease and it makes enforcing those rules more difficult. The risk for the adult child is that they’re considered a guest instead of a tenant. If problems arise it will be much easier to have ...
Who is legally responsible for paying rent?
The co-signer is legally responsible to pay for any unpaid rent or damages from the tenant. This added insurance is a way for a younger renter to find housing without the landlord feeling exposed to a risky tenant. It’s imperative that the co-signer signs the lease for this reason.
Can a landlord evict a tenant?
Remember, a landlord cannot just evict one tenant and not the others on a lease agreement –it’s all adults or none of them. The addendum should last until the lease agreement expires and the current tenants want to renew.
Do landlords have to treat children as adults?
Of course, landlords need to treat adult children of existing tenants as adults legally, but adjust their expectations accordingly to reflect the reality of the situation. While these new adults should indeed be listed on the lease agreement, most new adults won’t know much about leases, rental agreements and more, and they will just trust their parents and sign where they are told.
Can a minor sign a lease?
They can be listed as occupants if state laws allow but cannot sign the lease. If a landlord has a minor sign a lease it won’t hold up in the court as a viable contract since the minor is not considered an adult.
Oleg Otten
Technically, you can live in an apartment without being on the lease. But normally the lease specifies that only people listed in the lease may live in the apartment, so the person on the lease agreement may get in trouble because of an unauthorized tenant.#N#Not all apartment buildings look at the credit reports.
Layni S Rothbort
You are entitled to attach to your credit report a 100-word statement explaining any negative items contained in the report. Prepare such a statement and submit it to all credit agencies.
What happens if a tenant moves into your property?
When your tenant moves someone else into your property you need to act fast to enforce your lease and to limit your own personal liability. If you fail to respond appropriately, you could end up in problematic legal waters. Once your tenant’s boyfriend or girlfriend has lived on your property long enough, they may gain rights ...
How long do you have to evict a tenant?
At this stage, you can still give them another time period in which to comply with your initial requests or you can simply state the date that they will need to leave by, usually 15 to 30 days. If your tenants leave within the time frame given you can inspect their unit, find new tenants and refund their deposit as applicable. If your tenants choose not to leave, you will need to escalate the situation to an eviction hearing.
How long do you have to give notice of lease violation in Pennsylvania?
The amount of time you are required to allow will vary based on your state; in Pennsylvania there is no specific statute governing this but 15 to 30 days is normally standard.
Can you add a significant other to a lease?
Adding your tenant’s significant other to the lease with them is usually the easiest and fastest way to resolve this type of situation. However, if your tenant is neither willing to add their significant other to the lease nor move their significant other out, you may ultimately need to evict them. Having a non-tenant resident on your property can represent significant liability issues; the non-tenant resident could become injured on your property, commit a crime on your property or damage your property directly, leading to legal difficulties and financial problems later on.
What is boilerplate lease?
A boilerplate lease contract usually has specific stipulations regarding overnight guests, subletting and other related issues. Usually the lease will state that you need to be notified of any overnight guests and that guests are prohibited from staying for more than a week. If your lease does not outline these restrictions, you may need to chalk it up to a learning experience. Pennsylvania’s Landlord Tenant Code does not specify its own restrictions on subletting, allowing a tenant to move in additional tenants or even replace themselves on the lease entirely without repercussion.
Who is Max Beier?
Maximilian F. Beier is a partner at Beier, Beier & Beier. He joined the law firm in 2001 as an associate after a two-year clerkship with Pennsylvania Superior Court Judge, John P. Hester. He was made a partner in 2007. Max is experienced in litigating personal injury claims and product liability issues in the state and federal courts of Pennsylvania. Additional litigation experience includes business disputes, contract actions, real-estate and domestic matters. Max and wife Michele reside in the Shadyside section of Pittsburgh, and are the proud parents of Maximilian Finley “Finn," and Braxton Beier.
How long does it take to get a notice to quit a rental?
The landlord also has the option of giving you a 3-Day Notice to Quit if an unauthorized person lives in a rental unit. This notice demands that you and all other people living in the rental house or apartment move out within three days.
How long does it take to get an eviction in California?
Landlords begin an eviction or unlawful detainer lawsuit when you don’t comply with the terms of the lease agreement. The process takes approximately 30 days in California and you face a trial. If the landlord wins, you must move. Otherwise, the sheriff locks you out.
What is a 3 day notice?
3-Day Notice to Perform Covenants or Quit. In California and other states, a landlord files a 3-Day Notice to Perform Covenants or Quit when a tenant violates the lease. If the landlord finds your boyfriend living in the rental, the landlord may file this notice.
What does it mean to sign a lease?
Signing a lease means putting yourself down as the person responsible for paying the rent on the apartment and following the rules spelled out in the lease. However, most leases allow you to bring roommates into the mix, whether they are friends to help you with the rent or your significant other finally moving in with you.
How long do you have to give notice of eviction?
In most cases, this is 30 days, or an average rental period. For example, if your lease says you pay your rent every two months instead of every month, you'll have to give two months' notice in your roommate's eviction notice.
How long do you have to give a roommate notice to leave?
It's best if your roommate leaves quietly during the 30-day notice period after you give him the eviction paperwork. If he doesn't, however, you must take him to court so a judge can demand he vacate the apartment. Even if his name isn't on the lease, you must follow formal eviction procedure to force him to leave.
Can you evict a roommate if you have no lease?
These listed issues are the only reasons your landlord can evict you. However, since your roommate has no lease, you can evict him for any reason, including that you don't want to co-habitate any longer.
Can you evict someone who has lived in your apartment for 30 days?
If you've had a friend stay over for a few nights, there's no need to evict the person -- he's not legally a tenant. In California and most other states, however, if someone has lived in your apartment for 30 days or more, he's considered a tenant even if he never signed a lease. This means you can't just ask him to leave.
