• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Landlord trying to evict tenant's wife

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Cvillecpm

Senior Member
Tenant's wife does not get AUTOMATIC right to occupy his apt unless she qualifies and is approved by mgmt.

The fact that they went to Vegas 20 years or 20 days ago, does not negate the landlord's the right to screen/qualify her before she can occupy the property on a permanent basis.
 


xylene

Senior Member
Are you saying that since they are married I have to allow him in my property? I don’t think so!
THINK whatever you like.

I realize delusions of being some real estate magnate have convinced you that your sometimes rational opinions are the legal reality - they are incorrect here.

Your recourse in the situation you describe would be non-renewal of their lease or eviction for lease violation ( if one exists ). Having the spouse move in is not a violation
 

xylene

Senior Member
Tenant's wife does not get AUTOMATIC right to occupy his apt unless she qualifies and is approved by mgmt.
No, she does actually - unless as you point out it actually violates the occupancy code.

Societies lawmaking process has correctly legislated that developing family units is a higher social priority than absolute management discretion.

The tenant does need to inform - but needs no consent.

In this case its all just bunk - the landlord could just follow procedure and have them both out.
 

Alaska landlord

Senior Member
THINK whatever you like.

I realize delusions of being some real estate magnate have convinced you that your sometimes rational opinions are the legal reality - they are incorrect here.

Your recourse in the situation you describe would be non-renewal of their lease or eviction for lease violation ( if one exists ). Having the spouse move in is not a violation
Don’t be silly. You would be discriminating based on the guy being a felon. Felons are not a protected class.

Having the spouse move in is not a violation
It is if the spouse refuses to fill out an application and or sign the lease.
 

acmb05

Senior Member
Tenant's wife does not get AUTOMATIC right to occupy his apt
Yes she does actually.

unless she qualifies and is approved by mgmt.
Absolutely incorrect

The fact that they went to Vegas 20 years or 20 days ago, does not negate the landlord's the right to screen/qualify her before she can occupy the property on a permanent basis.
It most certainly does. Man and wife have an inherent right to occupy rental whether they both signed the lease or just one of them did.
 

Alaska landlord

Senior Member
It most certainly does. Man and wife have an inherent right to occupy rental whether they both signed the lease or just one of them did.
Wrong again.

The landlord can reject them both based on one of them refusing to fill out the application or submit to LL's criteria. Rejection would be based on lack of information provided to LL.
In a case where one fails to pass rental criteria, them both can be rejected.
 

acmb05

Senior Member
Wrong again.

The landlord can reject them both based on one of them refusing to fill out the application or submit to LL's criteria. Rejection would be based on lack of information provided to LL.
That is when they originally apply for the apartment. My statement is for when the one spouse already lives in the apartment and the wife/husband moves in during the tenancy.
In a case where one fails to pass rental criteria, them both can be rejected.
Which is what I SAID COULD HAPPEN. The landlord can give notice for BOTH parties to leave. They cannot however try to evict one spouse and not the other.
 

dancedoula

Junior Member
Thanks again

Thanks for your input everyone.

I'm heading off to talk to his landlady tomorrow and straighten everything out.

I'm also wondering, if he offers to give his 30 day notice, do you think it's probable that she will try and evict him anyway? Or would most landlords just accept the notice to vacate?
 

Alaska landlord

Senior Member
Thanks for your input everyone.

I'm heading off to talk to his landlady tomorrow and straighten everything out.

I'm also wondering, if he offers to give his 30 day notice, do you think it's probable that she will try and evict him anyway?
Unlikely Most LL’s prefer to see a troublesome tenant leave than to have to go through the process of eviction. But, if he wants to stay you can facilitate it by offering to apply and agree to be added to the lease.
 

dancedoula

Junior Member
Funny thing...

Yes, I am going to offer to apply.

The funny thing is (at least to me anyway) that he was planning on putting in his 30 day notice two weeks from now, as he's leaving on a very long trip at the end of May. :)

Again, thanks to everyone who has given advice.
 

Cvillecpm

Senior Member
Advise LL in writing that you/he will be gone by the end of May and give them your application paperwork...that should be the end of it.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top