Re: List Tenant's dependents on Lease? - Landlord Forum thread 330951

Re: List Tenant's dependents on Lease? by Katiekate (New York) on February 12, 2015 @19:05

That is not true.

NY law does not allow the tenant to move in a roommate without the approval of the landlord. I would not approve a roommate that is trying to move in with their children too. Nor do I have to.

As for dependant children of my tenant....yeah. Pretty much cannot keep families apart. But..I have a occupancy limit. If the total people exceeds the occupancy limit set by the town building code...then they have to move.

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Re: List Tenant's dependents on Lease? by JEREMY on February 12, 2015 @19:17	[ Reply ]

Two things: 1. If your Tenant had children, would you list the children's names on the Lease Agreement, for informational purposes? 2. See Section 235-f of NY's Real Property law (below). How I interpret this section is the landlord does not have to approve an Occupant chosen by the Tenant. The Tenant must only notify the Landlord who the Occupant is. "It shall be unlawful for a landlord to restrict occupancy of residential premises, by express lease terms or otherwise, to a tenant or tenants or to such tenants and immediate family." "Any lease or rental agreement for residential premises entered into by one tenant shall be construed to permit occupancy by the tenant, immediate family of the tenant, one additional occupant, and dependent children of the occupant provided that the tenant or the tenant's spouse occupies the premises as his primary residence."

Re: List Tenant's dependents on Lease? by anon on February 12, 2015 @20:48	[ Reply ]

I'm very surprised to read that last line. Somehow I don't believe it.

tashawn malayjah marika suntaya Jerome jayceon by latisha (Alabama) on October 30, 2016 @15:54	[ Reply ]

Re: tashawn malayjah marika suntaya Jerome jayceon

Re: List Tenant's dependents on Lease? by Katiekate (New York) on February 12, 2015 @21:26	[ Reply ]

My leases all state that tenant may not sublease without my permission. The courts have upheld that I have filed to evict in the case where my tenant moved in a roommate without my permission. Courts upheld that too Are you sure this doesn't just apply to united under rent control? I have no properties where NY had rent control. It was abolished in most places outside of NYC Seems to me a judge would not have permitted the eviction of the unauthorized tenant. Further, it isn't reasonable to require just any criminal or deadbeat to be allowed to move in.

Re: List Tenant's dependents on Lease? by lianna (ny) on February 12, 2015 @22:11	[ Reply ]

you are misinformed in your interpretation seek a lawyer ...and stop interpreting the law with your nonsense

Re: List Tenant's dependents on Lease? by Garry (Iowa) on February 12, 2015 @23:17	[ Reply ]

About your first question only----- I ask for the names and ages of all potential occupants on the APPLICATION form. On the LEASE, all occupants age 18 or older will be listed on the lease, and each must sign the lease. There is no need to put children down on a lease, as you should already have their info on the app form.

Re: List Tenant's dependents on Lease? by Nicole (PA) on February 13, 2015 @08:12	[ Reply ]

where my properties are located the school age children must be listed on the lease in order to enroll in school... too many trying to slip into my good school district from the inner city without meeting the residency requirements.

Re: List Tenant's dependents on Lease?

Re: List Tenant's dependents on Lease? by Anonymous on February 14, 2015 @02:45	[ Reply ]

The mortgage company is only interested in the breadwinner(s). In the rental world, the amount of occupants controls how many people stay in the unit,which will be listed on the lease. It is listed on all of my leases. Now, if a responsible tenant comes to me(the landlord) and says I now have custody of my child or children, the decision is up to the landlord how many occupants the landlord is willing to have staying in the unit. Not all units are big enough to house a larger family. Is the tenant paying their rent in a timely manner, not permitting waste, not causing damages? I ask all of my tenants how many occupants as the lease is being signed. And I have them list all occupants. If this changes in a few months, I decide whether the place is big enough or not at that time. The addition of five kids can be a problem. The addition of one child can always be negotiated, and a new lease agreed upon. Another adult has to pass screening, just like a new tenant.

Re: List Tenant's dependents on Lease? by WIlford on February 12, 2015 @19:21	[ Reply ]

All "dependants" 18 and over should sign the lease. They should also undergo a criminal and civil background check as well as a credit review. One day the others may move out and the 18 year old is what you will be left with. Somehow you must determine the total number of occupants. Occupancy codes will generally not allow more than two per bedroom. Plus, the occupants are generally not allowed to sleep in rooms not designated as bedrooms...like walk in closets, dining rooms, the back porch and the like.

Re: List Tenant's dependents on Lease? by JEREMY on February 12, 2015 @19:31	[ Reply ]

I agree anyone 18 and over should be considered a tenant and legally responsible for the Lease's terms. However, would you also list minor children (under 18) on the Lease Agreement?

Re: List Tenant's dependents on Lease? by WIlford on February 12, 2015 @20:29	[ Reply ]

I never have but I get the names and ages of all tenants on the application. There should be nothing wrong with wanting to know the number and identity of those who will be occupying your rental.