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If you read the first post, the landlord/property managers would not know he is living there. So they then would obviously not require him to be on a lease.
Yes, we are the perfect tenants for apartments in the ghetto, this we have realized. We don't quite fit in so its not really an option.
So really what is the worst thing that could happen doing this if its stated as part of the lease agreement? Face eviction or what? Also, if it is not stated as required on the lease, is there anything they can do about it?
I can tell you from my experience as a landlord that if someone is living there who is not on the lease, I'd find out about it very quickly as my maintenence gyuy lives next door. The first step I take is a polite phone call to the tenant to inform them that the illegal has a week to go. If that doesn't work, they get it in writing and if the guy is still living there, I start eviction proceedings based on breach of rental agreement.
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Originally Posted by youngprofessionalcouple
What is the biggest worry here? I mean he can easily pay, has rent references, he is the type of guy that when you meet him, everyone likes him. His record really has no bearing on whether he would pay rent what so ever. If Bill Gates had a misdemeanor for some dumb thing when he was in college, would you rent to him or be worried that his criminal record would make him unable to pay?
His actual crime... he does freelance marketing and occasionally gets offers from adult companies. One offered him a few thousand dollars to design a bunch of business marketing materials for them which is perfectly legal company and was perfectly legal in a state we lived in at the time. We then moved to another state and he ceased doing anything like that, at this time, some random person online that we do not know, used the materials he made for the company inappropriately online and 3 years later, the buck landed with him as cyber crimes tracked it back to the person who uploaded the material originally, him. The state we now live in has a much harder stance on this and since the actual crime where it was used inappropriately happened while he lived there, even though he did his part years earlier, it was under their jurisdiction.
He learned the hard way that even if something is legal, just don't do it.
So now he obviously is not able to pay rent on time because he is a hardened criminal no good lawbreaker...
A lot of crooks including drug dealers and child molestors are very personable. What counts is the record. No landlord wants a tenant who is going to attract the attention of the police. It's a good way to drive out good tenants and get on the wrong side of the neighbors.
My advice is be as upfront as you can and do what squirl said. The last thing you want to have happen is he is not on the lease and the LL finds out not only that an illegal is living in the dwelling, it's an illegal with a criminal record.
First thing I would do is get an attorney and see what can be done about that "record".
You state that you are the "perfect tenants". Unfortunately what's wrong with that statement is that you're trying to find ways to fraudulently obtain a rental by not telling the LL about your BF, not naming him on the lease, taking a temporary job, et al. Try having the BF write a brief letter explaining his brush with the law, give that to the LL up front, and hope that will help.
In order for YOU to be evicted, you have to be first approved as a sole tenant. You won't be able to. You dont' have enough income and your savings means nothing. So, asking such questions is quite pointless.
But let's just say that you do get approved and you sneak the bf in and you get caught...he wont' get evicted. He can't. He's not a tenant. You will be given x amount of days to get him on the lease ( app fee and background check) or move his arse out.
You know that he wont' be approved, so you have to make a choice....either you live there alone or you break your lease and move. And trust me, once they say he's not allowed there..that means he's not allowed there. And if you continue to have him there, they can and will kick you out and then you're both screwed and neither one of you would be considered "rent worthy".
Most always in an eviction, the Notices and court documents state "Jane Doe and ALL OTHERS". This is so that anyone living with the offending tenant is removed.
If you live in a place for a period of time, commonly 30 days, you are legally considered a tenant even if you are not on the lease, have no rent, or have no lease.
This was suggested to us by someone, we get the place, then he rents a $250 a month dive on the other side of town to get mail at and to put on his id. Then he would have a legal permanent residence.
This was suggested to us by someone, we get the place, then he rents a $250 a month dive on the other side of town to get mail at and to put on his id. Then he would have a legal permanent residence.
The address on his license and where he gets mail wont matter if landlord finds him living at your place. You might make it worse by debating with the landlord (when you get busted) by saying he lives in the other unit based on where he gets mail and such. Landlord will know if he is living with you. Folks will see him coming and going every day and landlord will be monitoring this as well before you are approached. Photos or video proof might even be taken prior to the landlord approaching you.
Do you think the landlord will change his/her mind about evicting you because your boyfriend has a different address on his license, and because he doesnt get mail at your place? This will just end in a bad argument between you and the landlord. and you wont be given the opportunity to add him to the lease, because you will be arguing that he does not live with you. So your landlord will then start eviction faster versus trying to add him to the lease.
But maybe it is a good idea to have the other unit because you both might need to move there very quickly if you get kicked out of your nice rental for sneaking him in there. (IMO, you wont qualify for the nice rental due to you 1.4X income issue, so this might be a moot point.)
Why dont you both just move to the $250/mo unit to begin with? This will save you from the possibility of having a broken lease/bad landlord reference/eviction on your record. And it will allow you to save money for when you purchase a home in 2 years.
IMO, you are risking digging yourself deeper into a hole by sneaking him in. Do things on the up and up and you wont have to be looking over your shoulder every minute. You are already in a bad situation with his incident. You will be a much worse long term situation if you get evicted. It's a big risk. and if you lose, this can affect you for 7-10 years in the future. If you win, you get to live in a nice apartment and will be watching over your shoulder every minute, always being ready to move in a few days if you get caught. Neither choice is appealing, is it?
The address on his license and where he gets mail wont matter if landlord finds him living at your place. You might make it worse by debating with the landlord (when you get busted) by saying he lives in the other unit based on where he gets mail and such. Landlord will know if he is living with you. Folks will see him coming and going every day and landlord will be monitoring this as well before you are approached. Photos or video proof might even be taken prior to the landlord approaching you.
How can a photo prove he lives with me? And why can't he come and go every day? Especially if we share a car? Just curious. A photo of a girls boyfriend over a few times is really better proof than him the sole lease holder on another place where he is currently paying for? It's not like they can get a video of him sleeping in my bed lol.
I am not a lawyer and unfamiliar with this type of thing so maybe I am 100% wrong and a couple of photos of him entering the residence is enough to evict but that doesn't seem like it since that is what guests do, enter residences. But this is what we will be discussing with the attorney this week so I will know for sure.
If it were me, I would try to find an independent landlord, not a corporation, and explain the situation. My guess is that it shouldn't be to hard to find someone who also did something stupid at a college frat party (or whatever it was) and will be more lenient. Being dishonest and getting caught (again) will only make things worse in the long run. Check craigslist or hotpads.
At least in the state where I am a LL there are not hard and fast rules that draw the line between a "guest" and an illegal tenant. Common sense is supposed to prevail. Obviously someone who has a dwelling elsewhere who stays for a few days is a guest. Someone who parks their car there every day and gets mail there is obviously a tenant. And in between is a lot of grey area.
When I evicted someone for doing exactly what you are trying to do, the other tenants who accompanied me to the hearing were asked about the frequency and duration of the comings and goings of the illegals. It was enough to convince the judge.
I guess there are attorneys out there who will advise you on how to avoid keeping to the terms of a lease, but frankly i would not care to have any dealings with one.
How can a photo prove he lives with me? And why can't he come and go every day? Especially if we share a car? Just curious. A photo of a girls boyfriend over a few times is really better proof than him the sole lease holder on another place where he is currently paying for? It's not like they can get a video of him sleeping in my bed lol.
I am not a lawyer and unfamiliar with this type of thing so maybe I am 100% wrong and a couple of photos of him entering the residence is enough to evict but that doesn't seem like it since that is what guests do, enter residences. But this is what we will be discussing with the attorney this week so I will know for sure.
Your attorney can't make a prospective landlord change their rules or their lease for the likes of you. Just find a slumlord in the ghetto and get over it.
And by having him stay at your house for x amount of days in the row is a violation of the lease ( at least most leases have a vistor clause) Him having another address or being on a lease elsewhere isn't going to matter when it comes to your eviction.
Being dishonest with the landlord is going to get you in more trouble than you're in now.
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