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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33727
Experience:  15 years real estate, Realtor. Landlord 26 years
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My fiance and i have been living in a an apartment for

Customer Question

my fiance and i have been living in a an apartment for almost a year, and they recently informed us that one of us is not on the lease. I remember having turned in an application and a signing a lease. However, my application is not in the system. The company had a change in property managers, almost a year ago (around the same time my application was submitted). They are now telling me that i did not pass the screening that i just submitted, and that I have 3-days to vacate. I live with my fiance and son. What am I supposed to do? Is this legal. Also, the landlord was extremely mean and called me inappropriate names.
Submitted: 1 month ago.
Category: Real Estate Law
Customer: replied 1 month ago.
My name and my son's name were written on my fiancee's application, so they therefore new that I was going to be living in the unit. Did they chose to just not add me? If they knew, am I at fault? I thought this whole time I was on the lease.
Expert:  Barrister replied 1 month 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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If you were listed on fiance's application and they were fully aware that you were living there, then if they try to evict you, you can defend on the legal doctrines of "waiver", "laches" and "estoppel". These are all similar legal doctrines that allow someone to defend against unjust action. Waiver basically says if they don't enforce a rule, they lose the right to do so if they are aware of a violation. Laches is a similar doctrine that says that if a violation exists and the enforcing party is aware of the violation, then if they don't take action within a reasonable time then they again lose the right to act. Estoppel is where A takes a position that B relies on. A is then prevented from changing their position if B would suffer harm.

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So if they knew you and son were living there the whole time, and it was disclosed on the application, and they rented to fiance, then you can argue that they can't now prevent you from living there.

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If they choose to try and actually evict based on this, then you will have to fight them in court and it is likely that the judge would throw out the case and tell the landlord you can live there at least until the lease is up for renewal.

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As an aside, in addition to being an attorney, I have also been a landlord for over 26 years...

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thanks

Barrister

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