There are many situations that come up regarding roommates, guests, and who is supposed to be on a lease. Perhaps you want your girlfriend or boyfriend to move in with you.
Do they have to sign the lease agreement for them to stay with you? What about a parent or relative who suddenly seems to be staying with you? What about if they are not full-time staying with you?
There are a ton of questions surrounding this issue, and while the lease can spell out some pretty specific criteria regarding who needs to be on the lease or not, the line can still get a bit fuzzy at times.
Does Everyone Living In An Apartment Have To Be On The Lease?
The short answer to this is: No. But the longer answer is: Maybe.
Your landlord wants those people who are staying longer than laid out in the lease to be a signer of the lease for a couple of reasons.
The first is liability. If something happens to you the tenant, to someone else at the apartment complex, or to the apartment complex itself as a direct result of the actions of someone not on the lease, it can spell trouble. Not just for the landlord, but for you as well. If the person that was living at the apartment complex was not on the lease, there is a legal responsibility void.
This void can apply to you as well if you are letting someone stay at your apartment long-term and something unfortunate happens. You can end up responsible for that person’s actions as you were the one who is the prime renter and so has authority over who comes in and out of your place.
In cases like this when you let someone stay in your unit long term, whether they are paying you for the privilege or not, you have the same responsibilities and obligations as the landlord himself.
The second is to know who the primary tenants in the unit are. This allows them to handle any situation to the best of their abilities, and within the legal guidelines, they have to follow. This protects not only you but your tenant neighbors as well.
If you suddenly want your guest out for whatever reason, it is absolutely going to matter how long they have been staying with you and if they are on the lease or not.
How Long Is Too Long?
Most leases will stipulate a specific time period for what will determine if the person is a guest or if they are a tenant. A common definition of this is the time period is around 14 days in a 6-month period. If someone is going to be staying with you any longer than this, then they need to be on the lease.
It is the same rationale that rental car agencies use when people rent cars. If you are going to be driving the car, then you need to be on the lease. If you are just going to be a passenger for a short period of time, then there is no need.
But this accountability tends to mitigate untoward situations from happening. Not just with cars, but with how people live and treat the apartment as well.
So, if you have a girlfriend or boyfriend that stays with you part of the time, look at what your lease says. Do they need to be on the lease? How much are they staying with you? If they are there even as much as a couple nights per week, the answer is probably: Yes, they do.
Now, if they are just coming over every once and a while, and they are not causing a commotion or disturbing the other tenants and taking their parking spaces several times a week, then you probably don’t need to bother notifying your landlord, just keep in mind the number of overnights.
Can You Kick Someone Out Of Your Apartment If They Are Not On The Lease?
This situation can get complicated, which is another reason why it is good to have anyone staying with your long term to be on your lease.
If you just have a companion coming over to stay for a few days, whether that be a friend or a family member, you aren’t going to have any trouble if you ask them to leave. They have only the right to be there that you are giving them and can ask them to leave for any reason because it is your domicile.
Now, if you have had someone that has been living with you for more than 30 days, you are going to run into a much bigger issue. Most states say that if someone has been living with you in your apartment, whether they are paying you for the apartment or not, that they are classified as tenants, not guests.
At this point, you would have to go through the eviction process, just like your landlord would have to do. And in this case, because your guest wasn’t on the lease and turned into a problem, more than likely your landlord is going to evict you right along with your problem guest.
Simply, if you are staying for a short period of time, say under 14 days, you do not need to be on the apartment’s lease agreement. However, if you are going to be staying for a longer period of time, you will want to be on the lease for legal and liability reasons.
Also, if you are thinking about having your significant other or friend or family member stay with you, consider going to your landlord and having them add that person to the lease. This could end up solving you a ton of hassle in the long run.
