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Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 6324
Experience:  29 years of experience in General Practice, Real Estate Law and Estate Law.
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I have been living in my apt. complex for 5 yrs. Now that my

Customer Question

I have been living in my apt. complex for 5 yrs. Now that my son is living with me temporally since graduating college, the management company is insisting that he signs the renewal as a lessee.
I have a problem with this.
1- I solely pay the rent
2- It makes my son , in concept- as my partner or husband, or roommate, a little disturbing there.
3- If I dont agree, it forces me as a parent to throw my son out in the street?
Do I have the rights as a renter?
It seems I dont. They rent apts to smokers, but want me to pay for fumigation when I move out. They want to be able to charge me to replace carpet , when in fact it was old when I moved in and has wear and tear for the past 5 yrs .
Submitted: 6 months ago.
Category: Real Estate Law
Expert:  Barrister replied 6 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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Do I have the rights as a renter?
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Unfortunately, the answer is that you don't have many rights in this situation. If your lease is coming up for renewal, then they can require anyone over 18 who is living there to be listed on the lease and to be responsible for the rent. This is for their protection because if you moved out and left, they have no contract with son and can't hold him liable for the rent since he is legally not a tenant.

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So I hate to say it, but other than just having him listed as an "occupant", if they will agree, then they have limited your options to either adding him as a tenant or looking elsewhere for housing..

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I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy...

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thanks

Barrister

Customer: replied 6 months ago.
I assumed you are a N.C attorney and are familiar with state laws. Basically I live in N. C. TY
Expert:  Barrister replied 6 months ago.

I am not based in NC, but am very aware of all the laws in NC regarding landlord tenant transactions and there is nothing that would give you a "right" to have son live there with you without being listed on the lease if the landlord won't allow it.

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The lease is between the tenant and the landlord and only the tenant and any listed occupants have the legal right to remain on the property.. You can review the NC landlord tenant laws yourself if you would like to as they are located under NC Statutes Chapter 42.

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I am sorry the news isn't better.

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thanks

Barrister

Customer: replied 6 months ago.
the state of N.C can determine the extent and type of relationship I have with my children?
Expert:  Barrister replied 6 months ago.

I am not sure what you mean there... The state doesn't intervene in private contractual relationships like leases to force anyone to do anything. But just because a parent and child would be on a lease together, that doesn't imply some type of incestuous relationship...that is kind of a very far logical leap to make that I have never, ever, in 16 years of being an attorney, had anyone suggest. It just legally means that they are both equally liable for the payment of rent...nothing more.

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I don't believe that anything I can relate to you is going to make you satisfied with my service as I can't tell you something that isn't factually and legally accurate, so I will opt out and open the question to other experts who might have a different take on things..

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Have a great Sunday!

Barrister

Expert:  Attyadvisor replied 6 months ago.

Welcome to JA and thank you for your question. The site asked me if I would check with you to see if I can assist with your question.

He may be required to be listed as an occupant depending on the wording set out in your lease. Can you attach the lease?