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Lease Signing Problem

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dallisona

Member
I live in Georgia and I signed a lease to move in August and so did my roommate. My husband did the application to move in and then they sent him the lease. My roommate and I's leases have been countersigned and completed. They just contacted my husband saying that because he is not a student that he would have to rent the whole apartment and we would have to pay 3x the rent of that for him to live together.
They never stated that it was a student only apartment complex, also if his application was not approved then they should not have sent the lease to him.

Basically I am just wondering if there is anything we can do or if I should just find a sublease, cut the loss and move on.
 


FarmerJ

Senior Member
SO does your lease it self say in it that ALL occupants- residents people listed in on the lease must be students ? I f your lease is silent about that and doesn't say ALL parties ( people that are listed ) on / in the lease then I would say its fair to argue in a written reply that your lease doesn't allow for them to make that change in terms and you will not agree to give up your current lease.
 

adjusterjack

Senior Member
Whose signatures are on the lease? You and your roommate? Or you and your roommate AND your husband?

It's also important to know what the lease says about family members.
 

dallisona

Member
Found nothing on the lease about having to be all students. The lease is individual, each of us have our own lease.
 

adjusterjack

Senior Member
Found nothing on the lease about having to be all students.
That's not what I asked. I didn't want to know what it didn't say. I wanted to know what it DID say about family members.

The lease is individual, each of us have our own lease.
Didn't answer my question so let me put it another way. Answer each one. Just answer yes or no to each.

Did you sign a separate lease with only your name on it?

Did your roommate sign a separate lease with only his or her name on it?

Did your husband sign a separate lease with only his name on it?
 

dallisona

Member
Lease says nothing about family members at all.
Signed a lease with my own name on it, yes.
Roommate signed a lease with his own name on it.
Husband did the same but they have not countersigned saying we would need to have a new lease with one person on the lease for the entire unit instead of per room as it currently is.
 

adjusterjack

Senior Member
If each lease were drafted for one person and you and your roommate each have your own leases countersigned then the two of you have binding contracts with the landlord but your husband might have a problem because the landlord is apparently not accepting him as a tenant. Until your husband's lease is countersigned then he is not a tenant.

Why would you and your husband sign separately leases in the first place? Why would you even get separate leases sent to you? Seems to me it would have made more sense for one lease to be made out to you and your husband with both of you signing the same lease.

Maybe you should go back to the beginning and explain how all this came about.

Have any of you handed over any money yet?

Sorry about all the questions. I'm trying to get my head around what's happening.
 

Zigner

Senior Member, Non-Attorney
Sounds like student housing. It is not uncommon to have separate leases for each tenant in student housing.
 

FarmerJ

Senior Member
I suggest this LL has already made a huge problem because the LL has individual leases the roommates cannot be forced to give up their leases unless their leases allowed the LL to change terms ( not likely ) SO im curious as to how your roommate (s) feel about their leases.
 

dallisona

Member
It is student housing, my roommate and I are students and my husband is not. Unfortunately in this town the options are either student housing or low income housing and not too many options for non students.
Their reasoning is apparently because if one of us (the students) move out they can't put another student in that unit because he is not a student. But since my roommate and I are co-ed, they also wouldn't be able to put anyone in that 3rd bedroom that is supposed to be his.
They never said it was student only prior to signing, they even asked him if he was a student when we went and toured to which he said he was not. And if his application was not approved why send him a lease? Sending someone a lease sounds like their application was approved.
 

dallisona

Member
No, there is very few options in this town for "professional housing". Most of the housing geared more for locals is also low income or family housing.
 

dallisona

Member
SO does your lease it self say in it that ALL occupants- residents people listed in on the lease must be students ? I f your lease is silent about that and doesn't say ALL parties ( people that are listed ) on / in the lease then I would say its fair to argue in a written reply that your lease doesn't allow for them to make that change in terms and you will not agree to give up your current lease.
So he already signed a lease and has a copy of it ?
My roommate and I do, my husband does not as they never counter signed his lease. That's the problem. I get if it's their policy but it is also their responsibility to uphold their policies. If he was not approved why email him a lease. If it was a problem why not email or leave a voicemail. I guess I am trying to see if there is any leeway for us in their inability to communicate with us or inform us of these "policies" to begin with.
 

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