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Lease unclear on guests/occupants

Discussion in 'Rental Agreements & Subleases' started by Lexington Kentucky, Oct 14, 2019.

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  1. Lexington Kentucky

    Lexington Kentucky Law Topic Starter New Member

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    Jurisdiction:
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    I signed my lease in September, agreeing to the terms written. After moving in, the property manager said my frequent guest could not stay more than two nights a week without being added as an occupant. The lease does not mention visitors/occupants other than saying the tenet is responsible for their guests and their actions and that all occupants be added to the lease.
    My problem is that no where in the lease do they mention only having guests two nights per week. I would not have agreed to this if it were there. Also no where in the lease does it specify any amount of time a guest can stay before being considered an occupant. It only says "all occupants need to be added to the lease".
    I need to know what my rights are in this matter and if I'm able to take this issue further. I feel like they are not going by what I agreed to on paper. I'm willing to hire an attorney if need be.
     
  2. justblue

    justblue Well-Known Member

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    Is you guest a bf/gf? If so perhaps spend some nights over his/her house so you don't have issues with your LL.
     
  3. adjusterjack

    adjusterjack Super Moderator

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    How many actual nights a week is your "frequent guest" staying over? Give us a number.

    The lease distinguishes between guests and occupants. That could be a point in your favor.

    By the way, the word is "tenant" not "tenet."

    Again, guest and occupant, two different things. If the lease doesn't define "occupant" and the statute doesn't you can continue to argue that your "frequent guest" is not an occupant and see how far the LL is willing to take it.

    https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=35726

    Now, if your "frequent guest" doesn't have a home of his/her own, then you are going to have a problem.

    I'm sure you have many rights. Trying to list them all won't help you. Besides, this has nothing to do with "rights." It's a disagreement as to a provision of a contract.

    You are free to stand your ground and see how it goes.

    Oh, I still want an answer to my question. How many nights a week does your "frequent guest" stay over?
     
  4. Lexington Kentucky

    Lexington Kentucky Law Topic Starter New Member

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    Yes. My guest is my boyfriend of nearly 8 years. The number of nights depends pretty much what's going on that week, but before moving to the new place it was always more than twice a week. I've got school age kids and two jobs so I'm not staying at his home. Which is the answer to the other question. (He owns his own home.) Average week was about 4 nights.
    I've had two other apartments within the last 12 years and both were clear on occupants and guests and their time allowed to stay. I wouldn't have signed a 12 month lease if this two day rule was in it. So i need to know what my options are at this point. He helped keep an eye on my kids while I worked 12 hour 3rd shifts 3x a week and then we used to have a day together in between the second job. So this is really causing issues now that he can't stay 3-4 nights a week.
     
    Last edited: Oct 15, 2019
  5. Lexington Kentucky

    Lexington Kentucky Law Topic Starter New Member

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    That's not really an option with working 2 jobs and having kids in school. He was helping watch my kids while I worked my three 12 hour 3rd shift days back to back.
     
  6. army judge

    army judge Super Moderator

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    Even if you prevail after spending $5000 (maybe more) to litigate the matter, the LL will eventually NOT renew your lease.

    That means you'll spend $5,000, perhaps $10,000, to relocate in 10 months.

    There's no win for you here.

    You might see what the LL would charge you to get out of the lease early.

    Usually its a couple months rent.

    If the LL agrees to let you break the lease, get EVERYTHING in writing and signed.

    Adding dude as a tenant might be the CHEAPEST, agitation free way to go, assuming dude agrees to being added to the lease making him liable if you break up in 6 weeks, 6 months.

    If I were faced with the issue you're facing, just don't have anyone stay overnight.

    Anyway, you now have something to ponder.
     
    Red Kayak likes this.
  7. Lexington Kentucky

    Lexington Kentucky Law Topic Starter New Member

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    After being told he couldn't stay more than 2 nights a week we attempted to add him as an occupant, per terror request, filling out an application and paying for the checks. A week later i was told he could only be a guest and not allowed to be added to the lease as an occupant (We did not apply to add him as a tenant. Just as an occupant.) Because of something on his background. So he's still allowed to visit but not stay overnight when i need him to help with the kids.
    I won't be extending my lease to live here so them not renewing isn't a issue. But to break the lease is a few thousand dollars. I don't feel i should have to move either way because they are the ones who did not have this issue in the actual lease i agreed to. I agreed to everything in the lease, which I've read about 4 times now, and this 2 night thing is no where even remotely suggested in the lease. I've been a renter for over 17 years. I understand what i agree to when i sign a new lease
     
  8. army judge

    army judge Super Moderator

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    You might endeavor to discover EXACTLY what he's done in the past such that your complex won't allow him to be a tenant.

    I suspect if you press this, or violate the 2 day limit, you'll be served with an eviction proceeding.

    Your life will be ruined by just being named the defendant in an eviction case.

    You have some thinking and strategizing to do.

    I hope you get this sorted.
     
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  9. zddoodah

    zddoodah Well-Known Member

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    If what's happening is not a violation of the lease, then you have no obligation to do it.
     
  10. Red Kayak

    Red Kayak Active Member

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    3-4 nights a week sounds like he practically lives there.

    I concur that you'd best find out what in his background is popping up as a red flag. If the issue is something that you were already aware of and can live with, that is one thing. But if it is possible that false information has been attached to his name, that needs to be addressed.
     
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  11. PayrollHRGuy

    PayrollHRGuy Well-Known Member

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    The Fair Credit Reporting Act likely applies here and the boyfriend is due a letter along with a copy of the background report,
     
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