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Ely
Ely, Counselor at Law
Category: Landlord-Tenant
Satisfied Customers: 100052
Experience:  Attorney
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My boyfriend stays over a lot and the landlord asked me to

Customer Question

My boyfriend stays over a lot and the landlord asked me to have him fill out an application of occupancy even though he will not be added to my lease. My boyfriend has felonies but has since completed programs and has changed his life around. Will my landlord be able to stop him from staying over?
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note: (A) This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms; and (B) please wait to rate until I ask you to do so. It may take a few replies for me to be able to render an complete answer. I will let you know when I do.

What state is this in, please?

This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.

Customer: replied 1 year ago.
I am in NJ
Expert:  Ely replied 1 year ago.

Thank you.

First, check your lease. Your lease controls. If your lease states that you can have one occupant at your discretion without landlord approval, then he can stay without landlord approval. If the lease states that you can have one occupant but with the landlord's approval, then the landlord's approval is needed.

If the lease is silent on the matter, common law doctrine controls, which states that the landlord has the right to approve or disapprove. If so, then it is up to him to decide whether or not to approve him due to his criminal history.

Now, check your lease more. If your lease actually does not disallow subletting, then there may be a way around the restrictions above. Let me know if you need more information on this.

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I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith by rating me positively.

Expert:  Ely replied 1 year ago.

Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question. I am simply touching base. Let me know. Thanks!

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