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  1. #1
    Belle_b is offline Junior Member
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    Tenant vs. Occupant

    What is the name of your state?What is the name of your state? TN

    OK, here I am in the middle of the night, can't get any sleep with my stupid landlord problem.

    I guess the best way to state my question is 'do I have to add my boyfriend as a tenant or is there a provision for an occupant in TN laws'. My landlord is bitching about my boyfriend living with me, and in the lease it says that anyone staying over 14 days needs to submit an [regular resident] application and be added to the lease. I always added him as an occupant (in other states), so that he is not on the lease and not financially responsible. I would like to understand if I can do the same here. Also, what if instead of submitting an application I send a letter stating his information, include a copy of his DL, and get him to sign a release to do his background check? Can they turn him down out of spite even if he has no criminal history and his credit is OK?

    The landlord is trying to evict me over a pathetically laughable issue, and piggi-backing 'unauthorized tenant' into the argument (by the way, I honestly don't think they will be able to prove he lived here for 14 continuos days), so I want to get my record squeaky clean before I beat the crap out of them in court, still I do not want to resign my lease because that may affect my ability to win on the primary issue. Also, the apartment is big enough for four people to live in, so nothing against the lease here.

    Thanks for your advice.
    Last edited by Belle_b; 10-09-2005 at 06:46 AM.
  2. #2
    JETX is offline Senior Member
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    Quote Originally Posted by Belle_b
    in the lease it says that anyone staying over 14 days needs to submit an [regular resident] application and be added to the lease. I always added him as an occupant (in other states), so that he is not on the lease and not financially responsible. I would like to understand if I can do the same here.
    Read the above. You will find the answer.

    Also, what if instead of submitting an application I send a letter stating his information, include a copy of his DL, and get him to sign a release to do his background check? Can they turn him down out of spite even if he has no criminal history and his credit is OK?
    Yep. They can turn him down for any reason they want... including NOT "submitting an application"!!

    The landlord is trying to evict me over a pathetically laughable issue, and piggi-backing 'unauthorized tenant' into the argument (by the way, I honestly don't think they will be able to prove he lived here for 14 continuos days), so I want to get my record squeaky clean before I beat the crap out of them in court, still I do not want to resign my lease because that may affect my ability to win on the primary issue.
    Sorry, but based on your post... you have ZERO chance of winning if they can simply show to the courts satisfaction that he has been there more than 14 days. Your WRITTEN lease is clear on this. Your options are to either comply with your lease.... or be evicted. Pretty simple. Oh, and even in the EXTREMELY unlikely event that you win on this one... do you really think your landlord isn't going to be watching your apartment like a hawk, just counting every day that he is there?? Or that your landlord is going to refuse to re-lease to you at the end of this lease.
    Simply, you are fighting a battle you cannot 'win'.

    Also, the apartment is big enough for four people to live in, so nothing against the lease here.
    Not relevant.
  3. #3
    Belle_b is offline Junior Member
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    OK, if he submits the application, can they turn him down for 'any reason' (meaning, just because they are mean to me)? They are Fair Housing compliant, and I don't even want him to be financially responsible (ie occupant). Can they demand to resign the lease if he submits the application? (Apparently, it does say that I can add a resident under existing lease).

    This is the reason I am trying to put him clean -- I want to fight battles I can win, not the ones I cannot.
  4. #4
    BL
    BL is offline Senior Member
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    Quote Originally Posted by Belle_b
    OK, if he submits the application, can they turn him down for 'any reason' (meaning, just because they are mean to me)? They are Fair Housing compliant, and I don't even want him to be financially responsible (ie occupant). Can they demand to resign the lease if he submits the application? (Apparently, it does say that I can add a resident under existing lease).

    This is the reason I am trying to put him clean -- I want to fight battles I can win, not the ones I cannot.

    Most State Laws Allow Guest up to 14 days = 2 weeks .

    If they are a relative it's different .

    Anything beyond that , the LL can take Action .

    You either , comply , get Married , or face eviction .
  5. #5
    Belle_b is offline Junior Member
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    I am trying to comply. The issue is what it would take to comply. I do not want him to be turned down for no reason or resign the lease.
  6. #6
    Belle_b is offline Junior Member
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    Jet, if there is a notion of an 'occupant' defined somewhere in the state law, would not I be able to insist he is added as an occupant as opposed to tenant? I understand, the law supersedes whatever the lease says, does not it?

    I'd like to have him as an occupant because there is less things to check, and with all that pain they's given me with employment verification (I work for a fortune 500 company headquarters within 2 miles from the apartments, and they would not take a paystub as an evidence of employment -- WTF???), I guess, I should have gotten the message right there about how 'plesant' my residence would be...
  7. #7
    Belle_b is offline Junior Member
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    SORRY I THINK I HAVE BEEN MISUNDERSTOOD

    I just realized that I have not expressed myself clear enough.
    The landlord is trying to evict me for a totally different reason (satellite dish). I had talked to a lawyer about this issue, and the lawyer thinks the landlord is in the wrong big time. I do not want to discuss the issue here, thoguh, because it is quite complicated. When they sent me a '14 days to correct or we'll sue' letter, they tried to get more stuff in it and threw in 'unauthorized tenant'. I have every intention to fix this matter because it is stupid to go to court with a lease violation, but I am wary of all the crap they can give me in the process. I will get more advice on the matter next week, but I wanted to hear alternative opitions in the meantime. So, your thoughts are very much appreciated.
  8. #8
    JETX is offline Senior Member
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    Quote Originally Posted by Belle_b
    OK, if he submits the application, can they turn him down for 'any reason' (meaning, just because they are mean to me)? They are Fair Housing compliant, and I don't even want him to be financially responsible (ie occupant). Can they demand to resign the lease if he submits the application? (Apparently, it does say that I can add a resident under existing lease).
    Of course no one can tell you what someone else might do..... however, I can say that any chance at an objective, unbiased review of his application is likely to be affected by someone bitching and moaning about their 'rights'.... when the lease clearly gives the landlord the right to review long-term 'guests'.

    This is the reason I am trying to put him clean -- I want to fight battles I can win, not the ones I cannot.
    Then you shouldn't 'fight' this one. I see no way you can win.... in court or out. Your 'right of tenancy' is clear as spelled out by state law and your written lease. Your insistence of a long-term 'guest' is not.

    Quote Originally Posted by Belle_b
    I am trying to comply. The issue is what it would take to comply. I do not want him to be turned down for no reason or resign the lease.
    What you 'want' has nothing to do with this. Simply, have him fill out the application provided by the landlord.... and see where it goes. As my dear old grandmother said, "Your pissing on the fire while dinner is still cooking."

    Jet, if there is a notion of an 'occupant' defined somewhere in the state law, would not I be able to insist he is added as an occupant as opposed to tenant? I understand, the law supersedes whatever the lease says, does not it?
    There is no such legal standing as 'occupant' in a lease. Further, even if there were.... your written lease definition (that YOU agreed to!!) would supercede it.

    I'd like to have him as an occupant because there is less things to check, and with all that pain they's given me with employment verification (I work for a fortune 500 company headquarters within 2 miles from the apartments, and they would not take a paystub as an evidence of employment -- WTF???), I guess, I should have gotten the message right there about how 'plesant' my residence would be.
    Hold on a minute. YOU are the one who signed the lease with that condition. If you didn't agree to it, you should have asked it to be stricken... or found another location. You seem to keep 'forgetting'..... YOU AGREED TO IT when you signed the lease!!!

    I just realized that I have not expressed myself clear enough.
    The landlord is trying to evict me for a totally different reason (satellite dish). I had talked to a lawyer about this issue, and the lawyer thinks the landlord is in the wrong big time. I do not want to discuss the issue here, thoguh, because it is quite complicated.
    No its not. In fact, it is VERY simple. Federal law (47 C.F.R. Section 1.4000) protects your right to install a satellite dish as long as you comply with fairly simple requirements.
    "The rule applies to individuals who place antennas that meet size limitations on property that they own or rent and that is within their exclusive use or control, including condominium owners and cooperative owners, and tenants who have an area where they have exclusive use, such as a balcony or patio, in which to install the antenna. The rule applies to townhomes and manufactured homes, as well as to single family homes."
    A fact sheet on this can be found at:
    [url]http://www.fcc.gov/mb/facts/otard.html[/url]
    Last edited by JETX; 10-09-2005 at 11:11 AM.
  9. #9
    JETX is offline Senior Member
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    Quote Originally Posted by Blonde Lebinese
    Most State Laws Allow Guest up to 14 days = 2 weeks .
    Where the hell did you get that?? I don't know of ANY state that has laws stipulated guest 'priviledges'. How about providing a few links?? Oh, and getting married doesn't change the tenants lease standing... or requirements.
  10. #10
    Belle_b is offline Junior Member
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    Quote Originally Posted by JETX
    I can say that any chance at an objective, unbiased review of his application is likely to be affected by someone bitching and moaning about their 'rights'.... when the lease clearly gives the landlord the right to review long-term 'guests'.
    I never said the landlord has no right to review 'guests'. Where did you get an idea I was 'bitching and moaning' about my 'rights'? I think you have made a lot of assumptions that are not exactly true. Yes, I have a diagreement with the LL about my dish. We may have to go to court to resolve it. Right now I want to make sure the other stuff is out of the way before we start the main course. I would also like to see if anyone had experience with this particular area in my state so that I know my options and prepared to do the right thing.
  11. #11
    JETX is offline Senior Member
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    Quote Originally Posted by Belle_b
    I never said the landlord has no right to review 'guests'. Where did you get an idea I was 'bitching and moaning' about my 'rights'?
    Pretty simple. The lease SPECIFICALLY says you can't have long-term 'guests' without them making application and be added to the lease.
    You are bitching and moaning about it.
  12. #12
    Belle_b is offline Junior Member
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    Jet, I started this thread to get legal advice on the situation at hand, not to get judgement about my behavior from people who do not know me. Thank you for input, and have a nice day.
  13. #13
    JETX is offline Senior Member
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    Quote Originally Posted by Belle_b
    Jet, I started this thread to get legal advice on the situation at hand, not to get judgement about my behavior from people who do not know me. Thank you for input, and have a nice day.
    The legally accurate advice is free.... and so is the attitude.

    So, lets summarize....
    Your friend, if they are a 'guest' for more than 14 days, must complete an application and be added to the lease. You agreed to that provision when you signed the lease.

    Also, if your satellite dish location meets the provisions of the FCC rule, you cannot be evicted for it.
    Got it?? Good.
  14. #14
    HomeGuru is offline Senior Member
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    JETX, thanks for ringing the Belle.

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