Should all occupants be on the lease?

Asked by: Dr. Patricia Shanahan Jr.
Score: 4.2/5 (42 votes)

Do All Tenants Need to Sign a Rental Lease? All tenants above the age of 18 need to sign the lease. Every tenant who signs is legally responsible for the terms and rules on the lease, including the full rent amount. If you're renting to a couple, make sure both partners sign their name on the agreement.

Should all tenants be on the lease?

No, but a landlord usually requires that everyone who is living in a rental unit be named on the lease agreement – either as a tenant or occupant. ... However, if the lease agreement includes rights and obligations outside of the Act, the tenant who has not signed the agreement may not be subject those provisions.

Who is considered an occupant on a lease?

Occupants Occupy the Rental Unit

If you live in the leased unit on your own, you are both a leaseholder and an occupant. But if you invite or allow other people to live in the apartment with you, they are also called occupants. They are not leaseholders, however, unless they also sign a lease with the landlord.

Should my partner be on the lease?

Rule to remember: Whoever is on the lease is responsible for the property. “If you are sharing with friends and they stop paying the rent or cause damage to the property, it's your name on the lease, not theirs,” Emma said. “Best to put everyone on the lease to cover yourself down the track.”

21 related questions found

Do I have to tell my landlord if my partner moves in?

Even if your lease or rental agreement doesn't have a specific requirement that the landlord must approve additional tenants, it's normally wise to notify your landlord before moving in another person. ... Unless you are on fairly close personal terms with your landlord, it's a good idea to do this in writing.

Do I have to let my landlord know if my partner moves in?

Tenants should always ask permission to move a partner in, even if there is no specific clause prohibiting it in the tenancy agreement. It's important to ensure this happens as it can affect the performance of the tenancy. To ensure that everyone involved is properly protected, the change may also affect the rent.

What is a tenant vs occupant?

A tenant is a person occupying or entitled to occupy your property because they entered a lease or rental agreement with you. On the other hand, an occupant is a person other than the tenant or the tenant's immediate family, occupying the premises with the consent of the tenant.

Who is considered an occupant?

If you allow your elderly parent or adult child, sibling, or any relative to live in your property free of charge, then they are considered an occupant. Sometimes, a tenant shoulders all obligations but doesn't take up residence in your property. Rather, it's their family member who lives there.

Can someone live with you without being on the lease UK?

Usually, most shorthold tenancy agreements insist that anyone who is living in the property must be in the tenancy agreement and sign the tenancy agreement except they are underage and don't have to sign the agreement but may still be needed to be on the tenancy agreement.

Should I pay a security deposit before signing a lease?

In Alberta, most landlords require a tenant to pay a security deposit or damage deposit before moving in. ... The money stays in the trust account until the tenant moves out. Landlords must pay tenants interest on security deposits.

What happens if only one person signs a lease?

If BOTH parties are required to sign the lease and only one party did, then the lease would not likely be valid. ... The only advantage they may have is not being held to the full term that is in the lease.

What happens if someone lives with you not on the lease?

The court might require your landlord to get involved in evicting someone who's not on your lease, which will bring to his attention that you violated the lease by letting someone else move in. This could lead to your eviction as well because you broke the lease.

What if your name is not on the lease?

On a more negative note, not having your name on the lease could turn into a bad situation quickly. ... Without a lease, the landlord would be free to increase rent at the end of every 30 days. Also, by not signing a lease, security of remaining and stability within the rental are not available to the renter.

Can someone live with you without being on the lease NYC?

In New York it's perfectly legal for someone to live with you without being on the lease. If you want to replace roommates or bring in a roommate for the first time, you're required to inform your landlord but you don't need their permission as long as you follow the rules.

Is a guest an occupant?

Tenants are People Whose Names Appear on the Rental or Lease Agreement. Standard rental and lease agreements often state: ... Any guest residing on the property for more than 14 days in a six-month period or spending more than 7 nights consecutively will be considered a tenant.

What is an illegal occupant?

Unlawful occupant means a person is considered to be in unlawful occupancy if the person has been ordered to move by a court of competent jurisdiction prior to the initiation of negotiations or is determined by the agency to be a squatter who is occupying the real property without the permission of the owner and ...

Who do I need to notify when my partner moves in?

If your partner moves in with you and you're claiming housing benefit you need to tell the Housing Executive. You'll also need to tell the Social Security Agency if you're claiming any other benefits. Your partner's income will be taken into consideration when working out how much, if any, benefit you should get.

Can my partner stay in my rented flat?

Most tenancy agreements give you the right to live in your home along with your husband, wife or partner and other members of your family. This means that as long as one of you is a tenant and has your name on the tenancy agreement, your partner has a right to live there with you.

Can my boyfriend kick me out if im not on the lease?

Without any written lease, you are essentially an invitee or guest of his. You could try to make the argument that you are a sub-tenant and that you have paid the other expenses in lieu of rent. ... Only tenants get to go through the legal eviction process.

What makes a lease null and void?

What makes a lease null and void? ... Most of the time, a lease is void if it is fraudulent or signed under duress (being forced to sign a lease). Additionally, your lease may be null and void if your rental unit is considered illegal in your state. For example, in some states, basement apartments are illegal.

Can landlord keep security deposit for breaking lease?

Most states allow landlords to keep the tenant's security deposit, typically equal to one month's rent, if the tenant breaks the lease. That takes care of one extra month, and if the tenant moves out a month early, then you will have been made whole, assuming the tenant caused no damage.

Should I pay first month's rent before signing lease?

To secure your apartment, you'll most likely have to pay first month's rent plus a refundable security deposit. ... Some landlords will ask you to pay your first month's rent and security deposit with a certified check provided by your bank to verify you won't overdraw your account.

Should I pay bond before signing lease?

The landlord/agent must not require that you pay a bond before you sign a tenancy agreement. The landlord/agent must deposit the bond with Fair Trading. The landlord/agent must give you the option of using the voluntary NSW Fair Trading Rental Bonds Online system, however they may not require you to use this system.

What happens if one person wants to leave a joint tenancy?

If you're joint tenants and you both want to leave, either you or your ex-partner can end the tenancy by giving notice. ... If your landlord doesn't update the tenancy agreement, you'll both still be responsible for rent and the person who leaves can still give notice to end the tenancy.