Legal

Ask a lawyer and get answers to your legal questions

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

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.

Show More
Show Less
Ask Your Own Legal Question
Answered in 5 minutes by:
1/11/2018
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 14,298
Experience: Licensed to practice before state and federal court
Verified

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.

Ask Your Own Legal Question
Customer reply replied 7 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?

Ask Your Own Legal Question
Customer reply replied 7 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 7 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?

Ask Your Own Legal Question
Customer reply replied 7 months ago
No, I think that's all. Thank you for your help.

The pleasure is all mine! Unless you have additional questions, there’s just a few other things I’d like you to know before we wrap up this conversation:

  1. Could you look on your screen and provide me a star rating? 5-stars are always appreciated.

  2. You can save me as a favorite if you would like.

  3. For your benefit, you can also click here in the future to request me individually.

  4. Don’t forget, if you haven’t already, you can always sign up for a membership with Just Answer and start asking more questions for cheap.

  5. Don’t forget to tell your friends about justanswer.com!

Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 14,298
Experience: Licensed to practice before state and federal court
Verified
Legal Eagle and 87 other Legal Specialists are ready to help you
Ask your own question now
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 Legal Eagle Your Own Question
Legal Eagle
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 14,298
14,298 Satisfied Customers
Experience: Licensed to practice before state and federal court

Legal Eagle 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

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

24,658 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

22,843 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

44,266 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo Senmartin

Guillermo Senmartin

Lawyer

301 satisfied customers

Principal Attorney at Guillermo J. Senmartin, P.A.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

17,183 satisfied customers

Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.

< Previous | Next >

Related Legal Questions
Following up with the renters, would it be easier and less
Following up with the renters, would it be easier and less controversial if we gave 30-60 day notice rent would be raised ??? I did fail to mention, we've had other issues whereby we have requested th… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
Need advice on tenants rights owner occupied 2 dwelling
Need advice on tenants rights owner occupied 2 dwelling rental … read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
4,578 satisfied customers
Do i need to do a demand letter to the extra tenant and if
Do i need to do a demand letter to the extra tenant and if so how would that look since he isn't on the lease to start with so I can't demand payment of quit?d… read more
Legal Eagle
Legal Eagle
Lawyer
Doctoral Degree
14,298 satisfied customers
I have a question regarding evictions. It is a single mom
it is a single mom with an infant child who lives with a family member, but she pays rent… read more
RobertJDFL
RobertJDFL
Attorney
Juris Doctorate
5 satisfied customers
My tenent stopped paying rent when I asked her to leave, we
Hi, my tenent stopped paying rent when I asked her to leave, we have a court date on friday. How do I get the monies owed to me for 3 months … read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
38,287 satisfied customers
I have a 3 family house i rent the thrift floor to a 2people
I have a 3 family house i rent the thrift floor to a 2people it have extra room left that 2people rent the extra room to other person.i charge them $100 extra the rent total is$750.a month later the 2… read more
Bill Attorney
Bill Attorney
law
2,809 satisfied customers
My son has been living and caring house and property
My son has been living and caring for a house and property for 12 yrs. Initially he received a small monthly payment from the owner. She died several years ago and he has not received any money from t… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
We moved from PA to FL two years ago. We rented a condo in
We moved from PA to FL two years ago. We rented a condo in a building that is owned mostly by Canadian owners and only occupied by them during 6 months a year. we have been facing a lot of harassment … read more
Dimitry K., Esq.
Dimitry K., Esq.
Attorney
Doctoral Degree
17,183 satisfied customers
Would my landlord be allowed to evict my 5 year old daughter
Would my landlord be allowed to evict my 5 year old daughter and I because I allowed my 19 year old daughter to move in due to an emergency situtation? Even besides the fact that the landlord gave me … read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
38,287 satisfied customers
I have a 2 fam bldg in Edgewater (Bergen County) NJ. My tenants
I have a 2 fam bldg in Edgewater (Bergen County) NJ. My tenant's lease (Apt 2) is up Dec 31st 2012. I sent a notice of renewal for 6 months, explaining I would be moving in. She said she 1. Wouldn't s… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
44,266 satisfied customers
I cosigned my daughters lease due to her bad credit, thinking
I cosigned my daughter's lease due to her bad credit, thinking that I would never have to pay on it. Now she may lose her employment and I will be responsible. How do I get out from under this obligat… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
Owner of a unit that I am going to rent from asked me to pay
Owner of a unit that I am going to rent from asked me to pay one month rent plus one month security and $600 pet deposit lease move in date is June 1st. However I am aware that the tenants who live in… read more
legaleagle
legaleagle
Attorney
Doctoral Degree
7,047 satisfied customers
I served eviction papers to my daughter-in-law to move out
I served eviction papers to my daughter-in-law to move out of my rental home. She replied back saying I just wanted her and her child to move out because she had my son arrested for battery. I receive… read more
Daniel Solutions
Daniel Solutions
Doctoral Degree
5,212 satisfied customers
I moved out of my apt and gave 30 day notice because of rats,
I moved out of my apt and gave 30 day notice because of rats, magets, and mold. They got a final default for removal of tenant on me after I moved out. How do I get it removed since I need to rent a a… read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
38,287 satisfied customers
My tenant has been with me for approx 9 yrs. The first year
My tenant has been with me for approx 9 yrs. The first year under a one yr lease. They are now on a month to month basis and has been for years. The original lease was for 4 ppl. Now my tenant has mov… read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
22,843 satisfied customers
my tenant in good standing allowed her best friend to move
my tenant in good standing allowed her best friend to move in apt, friend then proceded to bring in her son, son's wife and her boy friend, tenant signed rental agreement for hersef plus her daughter,… read more
lwpat
lwpat
Doctoral Degree
256 satisfied customers
Daughter had moved out of parents home voluntarily with boyfriend.
Daughter had moved out of parents home voluntarily with boyfriend. She has refused to pay any bills such as electric, phone or cable and continues to run them up in mother's name. She continues to com… read more
Legalease
Legalease
Attorney At Law
Doctor of Law w/ highest honors
15,719 satisfied customers
my daughter 12 yr old daughter inherited her fathers home,
my daughter 12 yr old daughter inherited her father's home, my ex, he let a family move in for a rent to own deal....the problem: he died from an accidentl overdose 3 wk later and no contract was sign… read more
Guru_Guy
Guru_Guy
Doctoral Degree
1,634 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