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We have a lease that details 3 people that are allowed to…

We have a lease...

We have a lease that details 3 people that are allowed to live there. tenant now has 4 more people in the house. we sent a notice to quit and have been told the extra people won't move out. can a judge make us change the lease to allow more people to live there? the extra people consist of our allowed tenants daughter, her infant child and her 12 yr old. i don't know if that affects the judge's decision. thank you.

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

NJ

Lawyer's Assistant: Has anything been filed or reported?

No. we will send the final notice on the 16th and then file for eviction.

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Answered in 5 minutes by:
1/11/2018
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 11,380
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Customer reply replied 4 months ago
please review my question. thank you

Thanks for your patience. If a person signs a lease, then they agree to the terms of the lease. The lease is a contract that can only be changed by an agreement between the parties. Courts have some authority to change the terms of a contract; however, they can only change the terms if they are illegal, highly unfair, or against public policy. The number of people living on the property likely does not fit within either of those categories that would give the court authority to make the change.

Thus, in your case, it is highly improbable that a judge would force you to make any changes on your lease. If you limit the # of people that can stay in the home, and they break that term of the lease, the contract has been breached and you should be successful in court, even if the extra people are children.

What other questions did you have for me today?

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Customer reply replied 4 months ago
Does it matter that it is a 3 bedroom house and there might be one bedroom that is not being used? And does sympathy (from the judge)for the infant and her mother not having a place to go factor into the judge's decision?
Customer reply replied 4 months ago
I mean in terms of making the extra people get out.

It doesn't matter at all. So long as you didn't keep people out based on their race, gender, ethnicity, etc., then the agreement is binding and they still breached the contract.

The fact the people are very young might play a part, but if they were aware of the rules, but defied them anyway, then I can't foresee a judge finding the authority to make the change.

Did you have any other questions for me at all?

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Customer reply replied 4 months ago
No, I think that's all. Thank you for your help.

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