+ Reply to Thread
Results 1 to 4 of 4
  1. #1
    JuliaJolie is offline Junior Member
    Join Date
    Dec 2007
    Posts
    5

    Unhappy Adding a non-lease roommate

    What is the name of your state? Massachusetts

    This is somewhat of a mess, so I should quickly summarise (and apologise for the length).

    My boyfriend and I signed a one-year lease last October. We got permission to have an extra roommate who wasn't on the lease as I had to go home to the UK for family issues. The landlord permitted this, then allowed him to stay on, but it became problematic as the roommate is leaving with almost no notice, and left us with his share of unpaid bills (almost $700). We already found a responsible, quiet, older female roommate who has a full-time job, educated etc to replace him, but the landlord is saying he wouldn't have any control and feels powerless, and is against it. Is this legal?

    I'm from the UK and have got engaged to my long-term boyfriend of 3 years, and we were planning to get married. I assured the landlord everything would be fine, and could he just give this new female roommate a chance. The landlord's wife pointed out that "you're getting married? There's no kids allowed on the lease". Again, is this legal?

    I read somewhere that I'm allowed to have non-lease roommates without even getting the landlord's permission. The rent would still be my responsibility as the leasee. It's not like we're subletting- it's just a roommate. Where exactly is the line?

    It seems like he's just shooting himself in the foot and forcing eviction, as he fails to see this from a logical point of view and is more concerned about having no power when it comes to evicting this new roommate if SHE becomes problematic. Can he disallow this, even if it means we won't be able to make rent, and can he force us not to have kids??
  2. #2
    Andy0192 is offline Member
    Join Date
    May 2007
    Posts
    796
    Your landlord does not have to allow anyone to live there that did not sign the original Lease, unless the lease specifically gives the tentant the option to sublease at their own discretion (which would be a very rare clause).

    It seems to me that your Landlord is very logical, and wants to have a business-like arrangement where they maintain control of their property.

    You seem to be confused about the issue, because you think that as a tenant, you can have control of the apartment & decide who gets to live there.
  3. #3
    HuAi is offline Member
    Join Date
    Nov 2007
    Posts
    708
    Quote Originally Posted by JuliaJolie View Post
    "you're getting married? There's no kids allowed on the lease". Again, is this legal?
    HUD rules prohibit discrimination based on you having kids. The building is excluded from HUD regulations only if this is an owner occupied dwelling with 4 units or less or if it's a single family home not rented through a broker. Even if the above is the case, no judge in his right mind will evict you for having a child.

    Edit: but there may be a limitation by local zoning laws of how many people are allowed to live in a house with certain # of rooms, and you + hubby + baby + roommate may run afoul of that, in which case a city housing inspector may force you out. Call your local housing authority and ask about the regulations.
  4. #4
    JuliaJolie is offline Junior Member
    Join Date
    Dec 2007
    Posts
    5
    Quote Originally Posted by HuAi View Post
    HUD rules prohibit discrimination based on you having kids. The building is excluded from HUD regulations only if this is an owner occupied dwelling with 4 units or less or if it's a single family home not rented through a broker. Even if the above is the case, no judge in his right mind will evict you for having a child.

    Edit: but there may be a limitation by local zoning laws of how many people are allowed to live in a house with certain # of rooms, and you + hubby + baby + roommate may run afoul of that, in which case a city housing inspector may force you out. Call your local housing authority and ask about the regulations.
    Thank you. I personally never plan on having kids, but that's not the issue. The apartment is huge - to give you a rough idea, it has two large living room spaces, a large open kitchen with an island and a separate pantry room with washer/dryer etc. This guy is not a slumlord :/ There are two (again large) bedrooms in the apartment.

    However, I did some research and I found 19 separate electrical code, sanitation code and plumbing code violations in the apartment, so I suppose when I talk to his lawyer I should make him aware of this by just reciting each section of each chapter etc. I'm expecting a call from him soon, as I really don't think my landlord has any clue of what they're talking about.

    EDIT: My landlord has allowed it; I have yet to tell him about the violations.
    Last edited by JuliaJolie; 04-25-2008 at 03:01 PM. Reason: additional info:

Similar Threads

  1. Replies: 3
    Last Post: 03-05-2012, 06:33 PM
  2. Adding Tenants to Lease
    By cz2h76 in forum Landlord / Tenant Issues
    Replies: 4
    Last Post: 02-04-2009, 12:26 PM
  3. adding Tenant to lease
    By TwinScrewedFox in forum Landlord / Tenant Issues
    Replies: 1
    Last Post: 09-12-2006, 05:45 PM
  4. Adding on a friend to lease
    By CAGuy25 in forum Landlord / Tenant Issues
    Replies: 1
    Last Post: 08-09-2002, 01:48 PM
  5. adding children to a lease
    By vhaalston in forum Landlord / Tenant Issues
    Replies: 2
    Last Post: 02-26-2002, 11:45 AM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

© 1995-2012 Advice Company, All Rights Reserved

FreeAdvice® has been providing millions of consumers with outstanding advice, free, since 1995. While not a substitute for personal advice from a licensed professional, it is available AS IS, subject to our Disclaimer and Terms & Conditions Of Use.