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I am wondering in CA, if you are renting a home by yourself and later get married, are there any laws that would protect your being allowed to have them move into your existing rented home? I'm aware that there are often subletting clauses in leases. But is that the same as having a new spouse move into a rental that you are fully paying for.
It's not complicated. You talk to your LL who will likely require that your wife be included on the lease either as a co-signatory or an occupant, more likely the former. It has nothing to do with a sublease.
I've been wrong before, but I'm prettty sure if someone already on a lease gets married, you can't refuse tenancy to the new spouse.
If the new occupant doesn't pass a background check they can be refused. The odds are good, though, that since the OP has already passed a check and can afford the place on his own this won't happen. That would be the criteria, not whether or not they're married.
I've been wrong before, but I'm prettty sure if someone already on a lease gets married, you can't refuse tenancy to the new spouse.
What law is there that we have to allow anyone to reside at a property without an application and passing the background check and being approved by the owner.
We once had a woman who was married applying and asked her what about her husband and she stated he would only be there once a month or every two month since he was for a long time in a different state.
It came across kind of weird since the explanation was not something that sounded right so we were even thinking that he was in prison in another state.
When we stated he can't stay more than 14 days in the entire lease period in the property the man called us and had all kind of excuse and after a long time the true story came out that he had two felonies on his record and one was for battery on a woman and of course it was all false, etc.
The dog they had was all of a sudden not going to be there after we told them about the non refundable pet fee so that was all together a little bit too much if you incl. hardly any credit and a few collections.
I've been wrong before, but I'm prettty sure if someone already on a lease gets married, you can't refuse tenancy to the new spouse.
Since they are not on the lease you absolutely CAN refuse tenancy. Its no different than getting a unauthorized roomate. The only difference is this roomate sleeps with you in the same bed. Getting married in no way allows you a free pass at moving in. As for me it would be pretty simple. Let me know, I can run a BG check and ammend the lease to add another person.
In CA, a landlord is required to grant occupancy rights to a spouse providing the following three items are met:
1. The landlords standard financial leasing requirments must be met. In a case where a person is already a qualified tenant who passed the landlords requirements, the landlord can not refuse the spouse based on not meeting those financial standards.
2. The standard landlord requirements for any tenant/occupant related to their background (non financial) would still apply to the spouse. If the spouses background contains an item that would normally prevent them from renting, the landlord is not required to accept them.
3. There are no laws, regulations, or codes that would otherwise prevent occupancy.
The most likely scenario is that the landlord will ask for an application to be filled out and the landlord will run a background check. If there is nothing awful that turns up in the background check, the new spouse will be added to the lease.
Landlords aren't really interested in tenant love life, and most landlord are going to see that married couples are more stable, so most landlords like to have married tenants. However, if the new spouse is a drug dealer or has evictions on his record, then the landlord can keep him out, as long as he always rejects applicants with felonies and evictions.
The smartest thing to do, OP, is to talk to the landlord before the wedding and get everything squared away.
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