Landlord-Tenant

Ask a landlord-tenant lawyer and get answers ASAP

Ask a Lawyer,
Get an Answer ASAP!

My question is i just signed a lease 1 week ago and living…

Customer Question
My question is i...

My question is i just signed a lease 1 week ago and living in an apartment and the lease states that I can't have extended guests without adding them to my lease. my bf has a felony for child support arrearages and afraid to have a credit check run on him. i'm trying to find a good way to get out of my lease other than not paying rent to force an eviction to get us out of this complex into another where I can have him with me no questions asked

Lawyer's Assistant: Thanks. Can you give me any more details about your issue?

Like i said i have a boyfriend that has a felony on his record for unpaid child support arrearages. afraid to have the landlord run his credit check feeling it could trigger something in the child support world and cause other problems. i want him living with me but they won't let him if he isn't on the lease. i just signed it 1 week ago. how can i get out of the lease

Submitted: 2 years ago.Category: Landlord-Tenant
Show More
Show Less
Ask Your Own Landlord-Tenant Question
Answered in 9 minutes by:
1/27/2016
Lawyer: Lucy, Esq., Attorney replied 2 years ago
Lucy, Esq.
Lucy, Esq., Attorney
Category: Landlord-Tenant
Satisfied Customers: 32,264
Experience: Attorney
Verified

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your situation.

A felony on your boyfriend's record shouldn't stop him from being able to move in with you - a bigger issue might be that they'll see the unpaid child support as a debt and that might contribute to whether they're willing to allow him to live with you. Just running a credit inquiry isn't going to automatically notify the district attorney or the courts who are trying to collect child support. They'll see the inquiry if they pull his credit, just as they'll see any reported address (meaning that, if he moved in with you and changed the address on his cell phone or credit cards, or put his name on utilities, they'd still see it).

Putting that aside, I'm afraid that you haven't stated any legal basis for breaking the lease without paying a penalty. A lease is valid at the moment it's signed, and a landlord has a right to enforce it against you, even if you change your mind later. You're legally presumed to have agreed to that clause when you signed the lease, so you can't use it's existence as a reason for canceling. That means, if you break the lease, you'll still be obligated to pay the rent until a new tenant is found. You can try talking to the landlord, to see if they'll agree to let you out of the lease. That's always allowed. If they refuse, though, I'm afraid that you don't have a legal right to move out and stop paying rent. If your boyfriend moves in without the landlord's consent, they could evict you - but that's going to put an eviction on your rental history, so that's not going to help you.

The clause that you're talking about is EXTREMELY common. Most residential leases have a clause that requires a tenant to notify the landlord about extended guests and add them to the lease if they're going to be staying regularly (I've seen time periods as short as three days). And that means, even if you are able to break the lease, you could run into this same problem anywhere that you're planning to rent. I'm afraid that, even if I could give you a legal basis for breaking the lease without a penalty, that might not solve your problem. You might have better luck renting a house from a private party who's not using a pre-printed lease, but if the lease only has your name on it, ANY landlord would have a right to evict you for moving someone else into the property unless the lease says you can do it.

I apologize that this was probably not the Answer you were hoping to receive. However, it would be unfair to you and unprofessional of me were I to provide you with anything less than truthful and honest information. I hope you understand. Please rate my answer positively to ensure I get credit for the time I spend helping. If you are on a mobile device, you may need to scroll to the right. Thank you.

Good luck.

Ask Your Own Landlord-Tenant Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Lucy, Esq. Your Own Question
Lucy, Esq.
Lucy, Esq.
Lucy, Esq., Attorney
Category: Landlord-Tenant
Satisfied Customers: 32,264
32,264 Satisfied Customers
Experience: Attorney

Lucy, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Thomas McJD

Thomas McJD

Lawyer

46 satisfied customers

Landlord-Tenant Law Expert

LegalWiseNC

LegalWiseNC

Attorney

0 satisfied customers

Licensed Attorney in North Carolina.

barristerinky

barristerinky

Attorney

4,430 satisfied customers

Attorney over 17 years, landlord 26 years

Infolawyer

Infolawyer

Attorney

2,264 satisfied customers

Experience representing landlords and tenants.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

1,379 satisfied customers

Licensed in multiple jurisdictions. Experienced Landlord-Tenant attorney.

Ely

Ely

Counselor at Law

1,295 satisfied customers

Attorney

LawTalk

LawTalk

Attorney

1,055 satisfied customers

I have handled Real Estate and Landlord Tenant matters for more than two decades.

< Previous | Next >

Related Landlord-Tenant Questions
My boyfriend of 21 years and i are fighting he told me he
my boyfriend of 21 years and i are fighting he told me he had our landlord his boss take me off the lease. I still have the original and have not recieved anything from landlord. can my boyfriend do t… read more
barristerinky
barristerinky
Attorney
Doctoral Degree
4,430 satisfied customers
My dad is on our lease and pays 600 month out of social
My dad is on our lease and pays 600 month out of social security. He is now in a rehab home. a rehab hospital. When do we have to turn all of the social security over to the nursing home … read more
Ray
Ray
Lawyer
Doctoral Degree
33,031 satisfied customers
Family members are devestated after loosing mom and dads
Please help!!!! Family members are devestated after loosing mom and dads house which these hardworking people had dreams as well as their mom and dad for them to do something for there selves. The wom… read more
Bruce Schreiber
Bruce Schreiber
Juris Doctor
496 satisfied customers
On 1/23/2016 I rented a 10 X 30 storage unit from what is
On 1/23/2016 I rented a 10 X 30 storage unit from what is now called Extra Space Storage on Acacia in Hemet, CA. At that time I gave them my address that I was moving from and the address I was moving… read more
socallegalwork
socallegalwork
95 satisfied customers
I was going to rent a house, i gave the lady first last and
i was going to rent a house, i gave the lady first last and deposit , i gave her 3300.00 to move in on june 1 2018. the home had other people in it or swuaters and do she went to court and had them re… read more
barristerinky
barristerinky
Attorney
Doctoral Degree
4,430 satisfied customers
What is the length of time a landlord can give you notice to
What is the length of time a landlord can give you notice to move out & why? … read more
barristerinky
barristerinky
Attorney
Doctoral Degree
4,430 satisfied customers
Once tenant and landlord enter into a lease to be effective
Hello, once tenant and landlord enter into a lease to be effective july 1, but was signed on June 20, is there a number of day that the landlord can decide they do not want to move forward with the ex… read more
barristerinky
barristerinky
Attorney
Doctoral Degree
4,430 satisfied customers
Need someone who knows Colorado law. No yet We are buying an
No yet We are buying an inherited property. Tenants have been there for 13 years. Month-to-month. Seller gave tenants 30 days notice (only 21 days is required in Colorado for MTM tenants.). We are concerned the tenants are not moving as we were there yesterday our inspection. They said they do not have a place rented. Closing is June 28. … read more
Lori
Lori
Juris Doctor
1,580 satisfied customers
Say your lease is up but you paid rent for that month. The
say your lease is up but you paid rent for that month. The beginning of the next month the manger calls and says your lease is up, and you tell them that you will not be renewing the lease should the … read more
barristerinky
barristerinky
Attorney
Doctoral Degree
4,430 satisfied customers
I owned a rental property in state that I sold in 7/2016.
Hi, I owned a rental property in Washington state that I sold in 7/2016. The tenants are coming to me now, two years later, taking me to small claims court because I didn't return their deposit in the… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I am renting a duplex and it has bed bugs, The exterminator
I am renting a duplex and it has bed bugs, The exterminator cannot treat for a week I have only been in the place 2 weeks Is the owner or property management company responsible for my cost of hotel… read more
Christopher B, Esq
Christopher B, Esq
Attorney
Juris Doctor
1,496 satisfied customers
I received a demand letter today for breaking my lease and
I received a demand letter today for breaking my lease and the reason for leaving was that my apartment was broken into last month while I was there sleeping. I was in immediate danger because they ha… read more
barristerinky
barristerinky
Attorney
Doctoral Degree
4,430 satisfied customers
I'm a landlord, I plan to sell the house which has 3 years
I'm a landlord, I plan to sell the house which has 3 years lease to go. in the lease, there is no any clause about landlord terminates this lease. so my questions are: 1.the new buyer must honest this… read more
RobertJDFL
RobertJDFL
Attorney
Juris Doctorate
5 satisfied customers
I am currently in a law suit with my old landlord and when I
I am currently in a law suit with my old landlord and when I filed my answer I didn't file a counterclaim, is there a way to fix that … read more
barristerinky
barristerinky
Attorney
Doctoral Degree
4,430 satisfied customers
I need assistance for my daughter who has been renting since
I need assistance for my daughter who has been renting since January 2017 at Vaseo Apts and has had numerous issues with other neighbors. She has called the office each time and had been advised to co… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,873 satisfied customers
If my lease said that there were no dogs in the house and my
If my lease said that there were no dogs in the house and my landlord let a tenant get a dog is my lease void? … read more
barristerinky
barristerinky
Attorney
Doctoral Degree
4,430 satisfied customers
I received a notice to quit and which I find injustices.
I received a notice to quit and which I find injustices. Just today I have a court date 06/25/18. What are my rights? … read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
3,591 satisfied customers
I have a tenant that in the last two months i have noticed
I have a tenant that in the last two months i have noticed that 4 to 6 pills are missing from my purse every week I have decided to give him a 30 day notice because tonight I have 25 dollars missing h… read more
Nisha Jones
Nisha Jones
Juris Doctorate
3,124 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x