I live in a house with 3 other roommates, 3 of us are on the lease and 1 isn't. The one who isn't moved in several months after we started living in the house and we never did have him sign on. My question is what kind of trouble could we get in with the property management if they were to find out? We have no problems with this roommate and I am aware no liability falls back on him for anything since he is not on the lease. I just need to know if anyone has had similiar circumstances and what the outcome was if the rental company found out.

5/7/2008 10:59:43 PM

do they rent by the room and he's living for free or is the entire place rented out and you are now splitting it an extra way?

5/7/2008 11:01:30 PM

^its a house and we are all on one lease. we were originally splitting rent 3 ways, he moved in and we started splitting it 4. we've never been late with rent or had any problems. just curious as to what could happen if they find out.

5/7/2008 11:05:12 PM

Check your lease for clauses about subleasing.

5/8/2008 12:00:39 AM

it's not a sublease, but yeah, read the lease agreement

5/8/2008 12:09:57 AM

He is not subleasing, he is just a tenant.

I would let it be. They are going to tell you the same thing if/when they find out as they would now, it will probably involve some fees and paperwork. It is not like they would evict a good set of tenants just because they violated a small technicality in the lease.

5/8/2008 12:22:51 AM

as long as they're getting paid, they won't care. the only time it becomes an issue is if you have more than 5 living in the house. raleigh frowns upon that.

5/8/2008 2:44:45 PM

If it would cost more with a 5th person, ie he's using a room that is supposed to be empty...

I don't think they can get back-rent, and it probably should be profitable to work with you, but that could be a lot of money that you are effectively NOT paying that you should be.
I would read the lease over and over again and hope someone replies with a better response.

5/8/2008 2:52:51 PM

do unto others.

likely, the landlord wont care if you are good tenants. however, you would be fucked if something crazy happened, like a fire and it was the 4th person's fault and it was discovered that he didnt have 'permission' from the landlord to live there. also, that person could bounce on you guys and not pay the rent or something, then you have no recourse.

long story short, without that person on the lease you are opening yourself up to serious liability.

[Edited on May 8, 2008 at 3:24 PM. Reason : .]

5/8/2008 3:23:45 PM

It doesn't sound like you are actually breaking a rule. Lots of places say in the lease that every resident has to be on the lease, but if yours doesn't say that and you aren't breaking any other rule like maximum resident capacity or something along those lines, they can't charge you anything just because they don't like it.

5/8/2008 3:44:42 PM

of course they can...they can ask for it and if you dont comply they can start eviction procedures. they probably wont, but they can. they still own the property...you dont.

5/8/2008 4:05:33 PM

They can't evict you because you did something that is perfectly legal that the lease didn't prohibit. It's a legal contract. That won't stop them from trying to find other ways to make you leave IF they really have a major problem with it, but they can't evict you.

5/8/2008 4:13:16 PM

you can be evicted with very little cause. maybe there would be a penalty of some kind involved, like there would be if you broke the lease early...but I can almost guarantee, without seeing the lease, there is a clause giving the property owner the ability to evict for almost any reason.

5/8/2008 4:17:31 PM

additionally, the lease exists to provide evidence of who exactly is living in the dwelling. if a person is not on the lease you are liable for them and they, technically, have no rights in living in said dwelling.

5/8/2008 4:23:59 PM

isnt there a law about having more than 3 non family members living in a house. I know this doesnt apply to apartments but what about a house. Im pretty sure if someone reported what was going on, the owner would get a hefty fine.

5/8/2008 4:26:16 PM

ordinance, not law.


lol

but yea, im pretty sure theres something that restricts more than 3 non family members from living together in a house.

5/9/2008 12:58:21 AM