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Ask Dave Kennett Your Own Question

Dave Kennett
Dave Kennett, Lawyer (JD)
Category: Legal
Satisfied Customers: 27686
Experience:  25 years experience in general law, including real estate, criminal, traffic, and domestic relations
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I recently just got married to my Childers father and he is

Customer Question

I recently just got married to my Childers father and he is not on my lease because he has a drug felony on his background, on the lease it's myself my two daughters and my friend. Is it possible to get her name off of the lease and add him since he is my husband and the father of my children?, if it is possible where do I go to have it changed
And does it cost to have it changed?
Submitted: 1 year ago.
Category: Legal
Expert:  Dave Kennett replied 1 year ago.
Dear JACUSTOMER - It would be up to your landlord whether the landlord would allow you to substitute your husband on the lease. Also your friend would have to agree to give up his or her rights to the lease which I am assuming is not a problem. I can't say that it would cost anything assuming your landlord is agreeable and only has to change the names on the document. You may want to be careful however since your landlord .may not want to rent to a felon and you could cause more problems than you would solve. If everything is going smoothly you may just want to leave things as they are for now and then when it comes time to renew you can decide if you want to add him and have your friend drop off of the lease. There is no requirement for the landlord to agree to this so it will be up to the landlord as to whether they will change the lease
Customer: replied 1 year ago.
I need some type of proof that he lives with me because I need to turn in paperwork for my public aid case change information. Can he still live at my home still my lease renewal. If he gets off of probation can the landlord rent to him then? Can the landlord give me some type of temporary lease with our names on it so I can give the public aid office something
Expert:  Dave Kennett replied 1 year ago.
The landlord can do whatever the landlord wants so yes, the landlord can rent to him if the landlord will agree to do that. I would think that the fact your are married would be enough proof that you are living together. A simple copy of your marriage license should be enough proof. I know of no law that says both spouses must be on a lease in order to occupy an apartment.
Customer: replied 1 year ago.
Can the landlord stop renting to me if IM married to a felon but when I signed my lease the first time my background was clean, is it true you marry into your spouses back ground and credit problems?
? The public aid office needs proof that he lives with me so i can still recieve snap and medical benefits for me and my children,for example lease, occupy permit and etc. but since he has the felony on his background how can I get proof if the landlord won't put him on my lease? Are there any other options
Expert:  Dave Kennett replied 1 year ago.
I don't know why your marriage license wouldn't be sufficient but there simply is no way you can force the landlord to add your husband to the lease. You certainly can ask that he be added and see if they will do it. they may not require a background check under the circumstances but his record could be a problem. You do not marry into any credit problems but his record is what it is and you can't change that. I just can't answer for a landlord since it is up to the landlord what or who they will accept or whether they will change the lease.
Customer: replied 1 year ago.
Will I get into trouble if my husband lives with me and he not on the lease? If the landlord says he can't live with me because of his background even though were legally married is there a possibility he would evict me ?
Expert:  Dave Kennett replied 1 year ago.
He can live with you and not be on the lease. So long as the lease does not specifically say no one with a felony record can live there then I see no problem with an eviction since there would be no basis to evict.
Customer: replied 1 year ago.
My lease says something about no one can live with you if there not on the lease, does that rule still apply if we just got married, when I signed my lease I was single and now a few years later I got married. If my husband can't live with me he will be homeless, is there something I can do that will help us and not get us evicted? Can the land of Lincoln help us? Or should I just give up and move out?
Expert:  Dave Kennett replied 1 year ago.
There's no reason to move out. I would contact the landlord and tell them you just got married and ask them if your husband has to be added to the lease. People get married all the time so it's not like you asked a bunch of other people to move in. That term in the lease is to prevent one person from renting and then allowing all of their friends to move in. It is understood that single people get married so it really shouldn't be that big of deal for the landlord.
Customer: replied 1 year ago.
The website says he can have his record sealed, should I wait till all his paper work comes back that states his clean record and then tell my landlord I want to add him and take off my friend, or should I give him a heads up about what I would like to do.? When my husband gets added will we have to sign a new lease? Will the move in dates change or stay the same?
Expert:  Dave Kennett replied 1 year ago.
If your husband is just added to the lease all of the terms will remain the same. Only if a new lease is written will the dates change. If no one is bothering you about him living there you can wait but if you need him on the lease for your benefits then you need to talk to the landlord and ask to have him added. I can't tell you what the landlord will agree to since it is up to him.
Customer: replied 1 year ago.
Can a marriage license be good proof to show my public aid caseworker that my new husband now lives with me and our to kids, or do I need something better
Expert:  Dave Kennett replied 1 year ago.
I believe a marriage license would be sufficient.
Customer: replied 1 year ago.
Ok, if that doesn't work should I tell my caseworker why my husband can't be added to lease? If I tell my caseworker that his record is being sealed and it takes 60 days to clear it, my landord will then add my husband, can my caseworker deny me benefits till I give her proof of residence for everyone in my home?
Expert:  Dave Kennett replied 1 year ago.
I can't answer your questions on benefits since this was a question about real estate and landlord tenant and I am not an expert on benefits. I really have covered everything you have asked with respect to adding your husband onto your lease so I will have to opt out of the question as I am shutting down for the night.
Dave Kennett, Lawyer (JD)
Category: Legal
Satisfied Customers: 27686
Experience: 25 years experience in general law, including real estate, criminal, traffic, and domestic relations
Dave Kennett and 9 other Legal Specialists are ready to help you
Expert:  N Cal Attorney replied 1 year ago.

New Expert here.

Does the lease itself state whether or not it can be assigned, or whether or not you are allowed to sublet?

 

Is the property in Illinois?

Customer: replied 1 year ago.
Granite city Illinois
Expert:  N Cal Attorney replied 1 year ago.
Does the lease itself state whether or not it can be assigned, or whether or not you are allowed to sublet?
Customer: replied 1 year ago.
I don't really know, cuz IM still waiting on a copy of my lease. I just remember if your name is XXXXX XXXXX the lease you can not live here, and the home is a crime drug free zone. Is there a website where I can lookup a copy of my lease so that I can read over it .
Expert:  N Cal Attorney replied 1 year ago.

Unless your landlord posted it on line, the lease would not be there. Does your friend have a copy?

 

Is your husband still under any type of supervised release, or has he completely served the sentence?

Customer: replied 1 year ago.
No there was only one copy and my landlord has it. If he did post it what website would I go to, he still has to meet his probation officer once a month, but once he pays off his $434 in probation fees he is off probation.
Expert:  N Cal Attorney replied 1 year ago.

I cannot find the lease on line without knowing either the name of the lessor, or which form was used, or if it was a custom made lease not on a standard form. You have the right to ask the landlord for a copy of the lease. Do you think you can do that and then get back to me here?

You will be in a stronger position once your husband is completely finished with the sentence.

Customer: replied 1 year ago.

I can try, but my landlords name isXXXXX and his office is in Troy Illinois I don't know the zip code.

Expert:  N Cal Attorney replied 1 year ago.
How is the rent paid?
Customer: replied 1 year ago.
what
Expert:  N Cal Attorney replied 1 year ago.
Do you mail the rent to the landlord? Do you have an address for the landlord? Or is there a property manager who collects rent?
Customer: replied 1 year ago.

Yes I mail money order as my rent payments. His address is a p.o. Box, and the address is XXXXXXXXXXXXXXXXXXXXX and the phone number is XXXXX

Expert:  N Cal Attorney replied 1 year ago.
You can call and ask him to send you a copy of the lease.

I cannot know if you need permission to sublet or assign until you get a copy of the lease.

You can post here again no matter how long it takes to get a copy.

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