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Legalease
Legalease, Lawyer
Category: Real Estate Law
Satisfied Customers: 14568
Experience:  13 years experience in RE Law, including LL/Tenant, contractor disputes, comm'l prop. issues
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I have three adults and one child in my rental property. Two

Resolved Question:

I have three adults and one child in my rental property. Two adults are on one lease agreement, and one adult, one child on another. The second leasee wants to have her fiancee move in with them and the first leasee disagrees. If I allow the fiancee to move in will I be violating any Kansas laws? Will my second Leasee be violating any Kansas laws?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Legalease replied 1 year ago.

Legalease :

Hello there.

Legalease :

What objections does the first leasee have to the fiance moving in? Overcrowding? Will the rent still be split between the two original leasees and not the fiancee also?

Legalease :

I also want to let you know that if there seems to be a delay in my responses it does not mean that I have forgotten you or I have gone offline -- it means that I may be helping another customer for a minute or two -- but I am never more that a few minutes out from answering you or responding to your latest response

Legalease :

So I thank you for your patience.....

Customer: The first leasee says he is not comfortable with that many people in one house. The additional person would increase the second leasee's rent $100.00 as agreed by her and I.
Legalease :

Okay -- well, those are valid concerns from the second leasee. First, I just want to address the question of whether or not any of this is "illegal" under Kansas law -- there are no specific laws or statutes that govern this type of event in Kansas landlord tenant or real estate law (in fact, there are no such specific laws in any state). I want to make that perfectly clear from the outset because I have this habit of jumping right into the answer for the customer and when the legal basis for my answers is case law or principles of contract law or principles of real property law (etc) -- the law is not so black and white when you are not dealing with a clear cut statute and while I wish that every legal question I answer could be answered with a black and white "let me point out the exact statute" answer for you -- the fact of the matter is that the majority of legal questions cannot be answered by direct reference to a statute written right in the landlord tenant handbook in Kansas (or any other state for that matter).

Legalease :

So, there is nothing Illegal about this situation in Kansas and any decision that you make will have repercussions and would be decided by a court using contract law (obviously because your leases are contracts).

Legalease :

That being said, you can permit the fiancee to move into the house without any criminal actions against you and the other leassee will be fine there also. Where you may not be so fine is that if the first leasee decides that they really do not want to live with this situation, the first leasee can claim that you are breaching the lease agreement that he has with you (because no where in the lease does it state that you reserve the right to move another tenant into the property. correct?)

Legalease :

If the first leasee decides to pursue this matter in civil court against you, the court will most likely side with the first leasee and permit the first leasee to cancel the lease and move out and you may be ordered to pay moving costs for the first leasee

Customer: I agree that there is nothing in any KSA's, as I myself have looked. Would a reasonable person ie a judge rule against my allowing this to happen?
Legalease :

You have every right to make this happen and to tell the first leasee that "it is what it is" because it is your property. However, the first leasee will be able to sue you for breach of contract (the lease agreement being your contract with him) and will most likely be permitted to move out of the place early without any penalties (which is problematic if the lease was supposed to run through a specific future date) AND the first leasee could also ask the court for reimbursement of moving costs because he will argue that he did not intend to leave the house that soon but was forced to do so by the disruption caused by more people

Legalease :

You are perfectly free to reach a settlement with the first leasee also -- if he is willing to take a small lump sum of money from you to either stay or to move out and agree not to sue you for breach of contract - you can make it work that way also.

Legalease :

ANd ask the first leasee to either pay for the settlement money for him to leave or chip in towards the settlement money to get him to leave.

Legalease :

Finally, you can wait until the lease is completely ended by its terms and then simply not renew the lease for the first leasee

Legalease :

At the end of the lease term you can ask the tenant to leave for any reason or no reason -- there are no laws that state that you must renew a lease agreement with even the best of tenants if you choose not to do so.

Legalease :

-

Legalease :

I hope that all of this helps you to sort out what you will do and how to approach the situation. As I said, I do believe that a small claims judge would award the first leasee some type of damages for the breach of contract claims against you if you proceed to simply move the fiancee in on top of them all (or you agree to let it happen).

Legalease :

-

Legalease :

If you have further questions for me, please feel free to ask -- if not, I would appreciate it if you would press a positive rating before leaving the website so I will be paid for my time this morning in assisting you. I am paid NOTHING unless you press a positive rating (the 3rd, 4th or 5th smile face on the ratings section/page) - this is piece/contract work. Pressing a positive rating will NOT cost you additional money -- it simply acts as the trigger to Just ANswer to pay me for my time. THANK YOU VERY MUCH !

Legalease :

-

Legalease :

MARY

Legalease :

-

Legalease :

Hello -- are you still there ??

Legalease :

Hello again -- my message indicator is telling me that you are still in the chat room here in this answer session so I am wondering if you have any additional questions for me on this matter?

Legalease :

-

Legalease :

MARY

Customer: My phone is having more fits than me with all the info, sorry. You have been very helpful Mary, and I thank you.
Legalease :

No problem -- take your time. I want you to ask whatever questions you need answered so that you will press a positive rating but if you are having problems with that feature you can simply state that you received good or excellent service and then the customer service department will handle pressing the rating button for you so that I will be paid for my time. THANK

Legalease :

MARY

Customer: One last question. How can I save all this message so I can re-read it later?
Legalease, Lawyer
Category: Real Estate Law
Satisfied Customers: 14568
Experience: 13 years experience in RE Law, including LL/Tenant, contractor disputes, comm'l prop. issues
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