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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 36753
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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My son has been charged in a felony of bail jumping and his

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My son has been charged in a felony of bail jumping and his case is in the Applete courts now. He is soon to be released and his probation officer asked if he can live with me and I said yes, he is to inspect my apartment on Thursday. After talking to him he cals back and wanted to talk to the management company I rent from and tell them my son is a felon and is it okay to live with me. I don't think he has the right to violate my rights of who or who can't live with me. I pay my rent and I have never been in trouble. My son is not a violent person. If they talk to management and they evict me do I have a case against them. I don't think apartment management should know my perso9nal business.
Submitted: 1 year ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for question. Please permit me to assist you with your concerns.

To answer your question directly I am afraid that you are somewhat incorrect about your rights as a tenant in this case. Please remember that a tenant is not an owner of the property; while an owner can reside almost wherever he can short of court order or legal limitations, a tenant's right is subservient to the landlord. If the individual is not listed in the lease agreement, the landlord can deny that person to reside on premises. A landlord is also permitted to perform a criminal background check and potentially deny housing in certain instances, specifically due to his rights as owner. If the management denies him the right to live there and he still moves in, the landlord could then seek an eviction of this person or you both, you on grounds of breaching the terms of your lease agreement. That would not give you a case against the landlord as they would be within their rights to seek removal of your son from the property.

Good luck.

Customer: replied 1 year ago.

I read the leasing agreement all 10 pages and there is only one part that said tenant may not do anything illegal and I have never done anything illegal and that does not give them the right to say who may or may not live with me. Like I said his case is in Appleate courts now and may be thrown out. My husband and my sons father was a police officer for 22 years. My son has a business he has to get back working on.The parole officer can cause me problems and raise eyebrows when I have done nothing wrong all my life.I still think it violates my right to privacy.

Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your follow-up, Judy.

If your son was convicted of the offense, he is a felon under law. If it is in appeals, it means he was convicted at a district level. I am not stating that to be hurtful, merely factual. Since he is a felon, the management company can deny him the right to live there. Being convicted of any crime is not an 'invasion of privacy' because all convictions are public record. Therefore requesting such information and as to who could reside on premises is not a violation of the rights of the tenant. You can most definitely disagree with the state of the law, but a landlord can most definitely tell the landlord who can or cannot live on the premises. The reasoning is very simple--the lease agreement is between the landlord and a specific number of tenants. Anyone NOT so listed who is not a dependent and/or a minor is considered a separate adult entity who has to independently obtain permission from the landlord to utilize the premises. That is because if that person remains on premises long enough they obtain rights as an 'occupant', even if they themselves were not on lease and never paid rents. The landlord, having an agreement with specific tenants, wants to avoid that issue because it then becomes very difficult to evict these unpaid occupants going forward. This is really the underlying reason as to why the landlords retain the right to pick and choose who can stay on the premises at an extended period of time.

Good luck.

Customer: replied 1 year ago.

Management all ready knows my son.

Expert:  Dimitry K., Esq. replied 1 year ago.

That may be, but allowing him to live there is a different story, and one that they can demand additional evaluations or assurances. Having him enter as a visitor and then leave the premises is your right as a tenant and one they generally cannot interfere with, but having him permanently move in is a different situation entirely and one where they can compel a review...and potentially deny him such a right.

Good luck.

Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 36753
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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