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I live in a apartment complex and I have an option to give 3 month notice to terminate lease
I got a job in another state, I want to get an apartment in another state immediately.
I told my apartment office that I want to terminate in 3 months and I want to add an occupant until end of the lease. I'm entitled to add occupants to my apartment, since my wife and kids leaving to new state.
Leasing office saying.. they suspicious about my motive that I won't be living in the apartments.
They want explanation on the following written;
1. Why I'm adding occupant? when I'm terminating and establishing new apartment in the new state.
I said, i'm travelling in between current and new apartment as needed basis.
2. They want to know how often I'm travelling and why?
and many questions.
Should I answer in written to add occupant to my apartment? Do you think I can't add occupant, if I don't live in the apartment for more than 2 weeeks or 3 weeks in the apartment?
Do they have legal right to ask written explanation and deny/delay adding occupant?
In many leases, you cant just add an occupant. They have a right to know who is living in their building. What does your lease say about sub-leasing? You may have to just offer them two months of rent to see if you can get out of your lease. That would be best for you also because then you arent responsible for the person you want to "occupy" the apt.
You have the right to request that an occupant be added but your LLs are perfectly within their rights to accept or reject a proposed occupant and in all probability that occupant will also have to pass their usual background checks. As much as I empathize with your situation, I understand their questions. I'm guessing you're trying to save money while you make the transition to a new place but it would be in your better interest to sit down with them and see if they can ease the financial load a little for you. If you leave the place spotless and move-in ready they can likely mitigate their losses by re-renting it quickly. Good luck.
Reading between the lines, and not knowing what state you are in, I can only guess that your apt complex will allow an occupant, but not allow a sub-tenant.
Anybody can see that you are planning for this person to be a sub-tenant. There is no other reason for you to move in an occupant right now, from what you've said.
So, my guess is that the apt complex wants you to put in writing your little lies, to either use against you or to cover their rears when/if it comes time to evict this person.
Can they legally ask you these questions? Sounds like they are asking for more info than they need, IMO. What they probably only need to know is if this person is a subtenant or not.
You're not adding an occupant, you're trying to sublet without putting this person on the lease and without your complexes approval...dumb thinking on both accounts.
Legally they can ask those questions...why not? They want to know what's going on with this tenant and their unit. If they were smart (the complex, not the OP..that remains to be seen) they wouldn't approve this arrangement.
Thanks for the responses. Why adding an occupant is non-legal or problamatic for LL?
I'm not trying to add more occupants than allowed. I'm the lease holder and I'm still accountable for the rent and responsibility.
You are all saying LL can deny any occupant including wife and children legally if want to? Occupants are allowed in the rental policy.
A person who rents a two bedroom apartment, and adding occupant is based on descreation of LL does not look right.
If what you are saying true, renting laws are very bad for tenants.
Yes, landlords can refuse to allow anyone to occupy the property if they do not meet their criteria, which usually includes things like credit rating, criminal history, employment income, etc. Otherwise you could move out and leave them with a deadbeat, unemployed, criminal occupying the property and the landlord would have to go through an expensive and time consuming eviction process to get them removed.
Thanks for the responses. Why adding an occupant is non-legal or problamatic for LL?
I'm not trying to add more occupants than allowed. I'm the lease holder and I'm still accountable for the rent and responsibility.
You are all saying LL can deny any occupant including wife and children legally if want to? Occupants are allowed in the rental policy.
A person who rents a two bedroom apartment, and adding occupant is based on descreation of LL does not look right.
If what you are saying true, renting laws are very bad for tenants.
I don't think you've read the responses. Occupants are permitted with the consent of the LL. You surely must understand that the LL is protecting his interest and he has every legal right to ask you relevant questions, particularly in a case such as this when you're moving far away. This has nothing to do with "wife and children". If you owned real property you would understand. You'll probably find your state landlord tenant laws linked in the first "sticky" on this forum and if you read through them you'll see that they're designed to protect both landlords and tenants equally.
Thanks for the responses. Why adding an occupant is non-legal or problamatic for LL?
I'm not trying to add more occupants than allowed. I'm the lease holder and I'm still accountable for the rent and responsibility.
You are all saying LL can deny any occupant including wife and children legally if want to? Occupants are allowed in the rental policy.
A person who rents a two bedroom apartment, and adding occupant is based on descreation of LL does not look right.
If what you are saying true, renting laws are very bad for tenants.
Yes, you're the lease holder who's MOVING OUT OF THE UNIT and trying to get someone else to move in and take over..that person is a SUBLETTER...not OCCUPANT. They would be an OCCUPANT if you were continuing to live there..but you're not...you're leaving.
Why don't you offer the landlord a 2mths rent penalty to break the lease and call it a day?
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