"Occupant" not listed on lease documents (apartment, tenants, evicted)
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Okay, I rented this 2 BR duplex over 2 years ago and at the time it was my understanding that the property agent (realtor) took my daughter's details and listed her on the lease as an "occupant". I recall her saying she needed to ask specifically for her details for that reason to keep everything above board and legal.
Over a year ago, the owner decided he wasn't happy with the PM and took all his properties over himself. I got laid off in June last year and I was VERY appreciative that he worked with me until my UE came through etc etc.
Fast forward to this week and apparently he had a lease renewal meeting with the couple upstairs who complained there was "too much traffic" at our duplex (whatever the hell THAT means) and he told me he had looked over the documents and my daughter was NOT listed as an occupant and he wants her out by the 15th of next month.
In one way, the point is moot as she has only just gotten herself an apartment with a co-worker and is in the process of moving out anyway. BUT it does leave a very bad taste in my mouth regarding the whole deal. It's a 2BR apt so it's not UNUSUAL to have 2 people living here (just as upstairs do), but what now? Am I supposed to not have the right to have VISITORS in case they cause "too much traffic"????
WTF?? I never mentioned that when their friends or relatives are here they all have TRUCKS parked on the property etc etc.
Oh, they also brought up my running the washer/dryer late at night and banging doors. Well hello, the utility room which has no insulation etc on the ceiling is right under the room they use as their main bedroom, and THEY run their dryer at night the same hours I do quite a bit.
I'm going to call the ex PM tomorrow to see if I can get any info from her on whether she recalls my daughter being on as an occupant.
This just doesn't seem right to me, but I also don't want to "make waves" and end up being told to go myself (especially as I'm still unemployed).
I just HATE feeling like I can't even have my daughter in my OWN house and am starting to think bitter things about the couple upstairs. Maybe I'll get lucky and they'll split up and move LOL They certainly have enough arguments.
Is the LL in the right here? Does it make any difference if she IS or isn't on the lease if we're month to month now anyway?
I guess I'm just feeling BAD about the whole thing and venting a little as well, as it seems so UNFAIR.
Look at your lease and see if your daughter is listed as an occupant. If she is not on the lease, then the LL is in the right. Not that that makes it right.
Look at your lease and see if your daughter is listed as an occupant. If she is not on the lease, then the LL is in the right. Not that that makes it right.
That is correct. Both tenants and landlords "live and die" by the lease. If legal, it's enforceable in court. However, you attract more flies with honey than vinegar. In other words, civilly approach the LL and work a compromise. The LL can issue an "amendment" to your lease. Concerning the other residents complaints: Work it out if possible. If you can make peace with the residents, that can encourage the LL to meet you half-way. BTW, I am a LL and encourage tenants to smooth out their own difficulties. I also have issued legally binding lease amendments to facilitate issues you've addresses. I hope it all works out for you.
So even if I find out she IS listed as an "occupant", the LL can still demand she move?
The thing that worries me about this is that the last 3 or 4 months she has hardly even BEEN here on an ongoing basis and hasn't even been parking her car here as it's been at a friend's place getting maintenance, and I really don't need the upstairs couple trying to dictate who I can have as a "visitor".
It's just upsetting that now she feels like she's no longer allowed to come over and we've lived here longer than the upstairs couple have.
Why is this a mystery? Why don't you look at your lease to see whether she's on it or not?
LOL, good question - because I can't FIND it. I know I have it somewhere in my documents boxes. I'll track it down eventually. It may be that she was listed in the file as far as the realtor (exPM) was concerned but not actually listed on the lease itself. From memory she asked me about it AFTER I'd already signed the lease etc.
Find the lease or ask the LL for a copy. The lease is the key. You will not get an answer here, the answer is in the lease.
I know - as I said she's moving out anyway so it's a moot point. It's just that now she has to be "out" by a particular date (mind you she's hardly here anymore anyway, but her STUFF still is). I'm more upset about feeling like I can't even have her here (or anyone else) as a visitor because that might cause "too much traffic" for the couple upstairs - sigh
Guess I can't have a "party" if I want either.......I've never rented before and I just wasn't expecting this level of "oversight" of your "home" you pay to rent and presumably enjoy.
Occupants should always be listed on the lease, thats as much your responsibility as the LLs if an oversight.
I'll admit the neighbors sound as though they're complainers. Leases also state times of use for laundry rooms. Late nite use and directly under their bedroom, sure their going to complain, you might feel the same if it were under your bedroom. Keep in mind the give and take and courtesy the LL is extending under your circumstances. You could easily have been evicted if not current on rental payments.
Occupants should always be listed on the lease, thats as much your responsibility as the LLs if an oversight.
Really? The new upstairs tenants definitely did not list all of the occupants upon lease signing as told to me by my LL and they have around 10-15 people in a 4br 1st/2nd floor of a house.
edit: and me and the LL are already having problems with them, which is why I ask if this is true.
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