Can A Landlord Refuse To Add A Spouse To The Lease?

Moving in with your significant other is a big step. This step is even more monumental when you are married to this person. When you and your spouse move in together there is much to consider. Before you start unpacking and popping open the champagne, however, consider you may need to speak to your landlord first.

Your landlord can refuse to add your spouse to the lease for several reasons. If your apartment does not allow for extra occupants your landlord can deny your request. When your spouse does not pass your landlord’s application process your spouse may also be denied. If your landlord refuses to add your spouse to the lease you can request making him or her an authorized occupant while you ride out the lease.

If your landlord refuses to add your spouse to the lease you two may start looking for other apartments. Before you sign a lease somewhere new you should read your lease. You likely will still be responsible for paying rent through the end of your lease terms.

If you break your lease, you can hurt your credit and your landlord can come after you in court for the rent you owe. You may have to ride out the lease until it ends before you and your partner can live in your dream home together. You have the option of trying to sign a second lease while you finish your current one, but that can be costly.

Perhaps your spouse has bad credit. Or maybe there is another factor that prevents him from being added to the lease. If this is the case you can ask the landlord to add him as an Authorized Occupant. An Authorized Occupant would not make him part of the lease, but it would allow him to live under the same roof.

This means that you would still be solely responsible for the rent and the lease terms. Make sure you are comfortable with those terms and the landlord approves this arrangement. If so, an Authorized Occupant agreement may work for you and your spouse.

Related Questions

Can My Landlord Raise My Rent During My Lease?

In most cases, your landlord cannot raise your rent during your lease without your consent. A lease is a binding document that both you and your landlord must follow. This means that any desired changes that differ from the lease must be agreed upon by both parties. If for some reason, there are terms in your lease that allow or lay out a rent increase throughout your lease then your landlord can enforce this increase. In other words, if your lease says your rent will rise during your lease after a certain amount of time then it will.

Can My Landlord Charge More For Utilities If I Add A Roommate To The Lease?

If your landlord allows you to add a roommate your utilities, and even your rent, may increase. When you add a roommate to your lease your landlord will likely have the prospective tenant apply first. Once the roommate passes the necessary criteria most landlords will draw up a new lease. The new lease will include your roommate, but at this time it may include other changes. If there is a new lease then your landlord can make adjustments on rent and utilities at this time. Since an additional person will liven the dwelling it is normal for utilities and rent to increase.

Can I Get My Spouse Evicted If We Divorce?

If you and your spouse are both recognized as tenants on a lease you can not kick him or her out. The two of you have equal rights as tenants if you are both tenants on the lease. If your partner is not on the lease but lives with you it may be slightly easier to have him or her removed from the home.It is ultimately up to your landlord to allow one of you to take over the lease in its entirety. You should contact your landlord if you and your spouse divorce and one of you is seeking to continue the lease and the other wishes to leave.

At the end of the day, your landlord likely has the right to refuse to add your spouse to the lease. The landlord can refuse if your apartment does not allow for additional occupants, or if your spouse does not meet your landlord’s standards.

There are, however, alternatives if your landlord is not willing to add your spouse to the lease. Perhaps you ride out the final months of your lease separately while looking for a new home. You can also ask your landlord to make your spouse an authorized occupant.