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  #1  
Old 01-02-2003, 11:56 PM
brian111
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Person not named on the lease / in breach / now married to tenant


What is the name of your state? MN

I have a tenant who signed the lease my himself. I rented to him and 2 children. In the middle of a year lease he got married and she moved in. My lease specifically states 1 adult and 2 small children.he is the only name on the lease. he rented from me for 1 and 1/2 yr's no complaints, now there are many complaints none are valid. I have spoke to 2 attrys one say's I can evict the other not. MY question is:

Is there a law that says I can not evict, if a tenant gets married.

I rented to him... not her and now she is unhappy and he is harrassing me.

she moved in, with out my permission, which I realized after a couple of months. She paid me with a check wth her name on it and then both names. and finally i was paid on time.

My lease is very specific no other persons can live in premise with out written permission and must be added to the lease.
  #2  
Old 01-03-2003, 12:10 AM
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Join Date: May 2000
Location: Catatonic State
Posts: 75,781

Re: Person not named on the lease / in breach / now married to tenant


[quote]Originally posted by brian111
[b]What is the name of your state? MN

I have a tenant who signed the lease my himself. I rented to him and 2 children. In the middle of a year lease he got married and she moved in. My lease specifically states 1 adult and 2 small children.he is the only name on the lease. he rented from me for 1 and 1/2 yr's no complaints, now there are many complaints none are valid. I have spoke to 2 attrys one say's I can evict the other not. MY question is:

Is there a law that says I can not evict, if a tenant gets married.

I rented to him... not her and now she is unhappy and he is harrassing me.

she moved in, with out my permission, which I realized after a couple of months. She paid me with a check wth her name on it and then both names. and finally i was paid on time.

My lease is very specific no other persons can live in premise with out written permission and must be added to the lease.

**A: you cannot evict because of the marital status discrimination law pursuant to the Fair Housing Act. You can evict if there is a violation of the lease ie. non payment of rent, violation of House Rules etc.
  #3  
Old 01-03-2003, 08:51 AM
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Join Date: Apr 2002
Location: snowland
Posts: 6,824
Brian sounds like your best bet is going to be planing on making sure that you are not going to renew the lease . Write a letter in simple English that you will not be renewing the lease and they must vacate by last day of lease and send this letter during the last few days of the month before the lease aniversary so that they have notice for one whole month and 1 day , make 3 copy , send one regualar mail, 1 for you, 1 using a certificate of mailing , the certificate of mailing they will not have to sign for but does give you a recpt proving it was sent and date placed into system . I used the certificate of mailing for all letters. notices when I had rentals in minneapolis and they work fine .
  #4  
Old 01-03-2003, 08:03 PM
brian111
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New Info -maximum occupancy


I found a sharp attry.....I'M the Landlord

Because I have a specific lease which permits immediate EVICTION we are filing a unlawful detainer on tuesday and for maximum occupancy. no 5 day notice no 30 day notice...even if its a new wife that moved in 6 months into the lease its unlawful
and nobody can move in if the lease specifies only so many adults and children.

If I did not have a lease then I need to give reasonable notice to correct the problem ,,, Min State Law

The attry says get proof she lives their and she out.

Has nothing to do with Human Rights. only occupancy.

Please reply if you know otherwise.
  #5  
Old 01-03-2003, 08:24 PM
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Join Date: May 2000
Location: Catatonic State
Posts: 75,781

Re: New Info -maximum occupancy


[quote]Originally posted by brian111
[b]I found a sharp attry.....I'M the Landlord

Because I have a specific lease which permits immediate EVICTION we are filing a unlawful detainer on tuesday and for maximum occupancy. no 5 day notice no 30 day notice...even if its a new wife that moved in 6 months into the lease its unlawful
and nobody can move in if the lease specifies only so many adults and children.

If I did not have a lease then I need to give reasonable notice to correct the problem ,,, Min State Law

The attry says get proof she lives their and she out.

Has nothing to do with Human Rights. only occupancy.

Please reply if you know otherwise.

**A: I know otherwise and if I was representing the tenants you would be going to Federal court on the matter.
  #6  
Old 01-03-2003, 09:21 PM
brian111
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why


I rent to 1 person a single person he meets a girl at a bar a week later she moves in and all her kids, and now my life turns misserable. people living in my place telling me what to do. all contrary to my lease and lifestyle. He doesn't tell me she's moving in. she moves in. My lease calls for written approval for any person who is thinking abot moving to give me proper notice in writing. He did not do that What now I'm stuck. Noway, I homestead and usually to nice of a person but now I'm not. tenatnt pounding on my ceiling. etc what about that is that legal I thinlk not.

Please reply.
  #7  
Old 01-03-2003, 11:34 PM
Senior Member
 
Join Date: May 2000
Location: Catatonic State
Posts: 75,781

Re: why


[quote]Originally posted by brian111
[b]I rent to 1 person a single person he meets a girl at a bar a week later she moves in and all her kids, and now my life turns misserable. people living in my place telling me what to do. all contrary to my lease and lifestyle. He doesn't tell me she's moving in. she moves in. My lease calls for written approval for any person who is thinking abot moving to give me proper notice in writing. He did not do that What now I'm stuck. Noway, I homestead and usually to nice of a person but now I'm not. tenatnt pounding on my ceiling. etc what about that is that legal I thinlk not.

Please reply.

**A: now your story has changed. In this post, you have every right to evict.
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