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barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 37075
Experience:  Attorney over 16 years, landlord 26 years
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My wife & I recently sold our home and moved into a 3 BR apt

Customer Question

My wife & I recently sold our home and moved into a 3 BR apt (Minneapolis) for a couple years while our cabin (new permanent home) is being built. Our adult son (28) is getting married and will be moving in with us for a number of months before the wedding to save money. The apartment complex manager has informed us that our son MUST be added to our lease and be a responsible party for our rent obligation. I was in shock when she told us this and I believe this is unlawful. This is like our mortgage company requiring our children to be responsible for our monthly mortgage when they turned 21. Can they actually force our child to be responsible for our rental obligation?
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  barristerinky replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation.


From a purely legal perspective, if son wasn't listed as an occupant on your original lease, then only you and your husband have the right to live there. The lease determines who has the legal right to be on the premises. You are basically asking them to modify your existing lease so they can essentially require whatever terms they want in order to modify the lease to allow son to live there.


However, if the lease isn't limited to just the two of you as an occupancy restriction, then you could have son stay with you. For example, if your lease had an occupancy limit of 3 or 4 people, then you wouldn't have to get their permission to have son stay with you temporarily.


As an aside, I have also been a landlord for over 26 years.