escargot

GF and I split rent, however I am the only one on the lease. I make enough money such that I didn't need a guarantor or 2nd person to lease the place with me. For simplicity's sake I agreed with my GF that I would pay for first/last/security deposit, and that I would be the only person on the lease. She's still in college, doesn't make too much money, and putting her on the lease would force her parents to be guarantors.

Anyways, that's our setup. So, going into our 2nd month at this apartment complex, we paid rent with 2 separate checks. Today I got a letter under my door with a message: "Mike - <my GF> needs to be on the lease. Please complete the attached application and return it by 7/8."

Does she really need to do that? What sort of laws are there for this kind of stuff in MA?

Thanks,
Mike

bagodoosh

it depends on the lease terms that you signed

Boston Driver

...if you do not want her on the lease, pay the rent in full with your check, and have your girlfriend pay you her share of the rent.

If you wish to split the rent formally and pay the landlord with separate checks, fill out the application.

Tenacious auDi

legally he doesn't have to allow her to live there is she isn't on the lease and it could become a reason to evict you if they ever felt the need.

Call the landlord and talk to them.

4Driver4

There is no advantage for you or her in adding her to the lease. It just gives the landlord an advantage because there are more people to go after if the rent is not paid. Most leases say that everyone named in the lease is "jointly and separately" liable for payment. In other words, each person is 100% liable for 100% of the contract rent. Even if you pay your half and the GF stops paying, the landlord can come after you for the missing rent.

Check the lease you signed regarding house guests. My lease stipulates that guests that will remain longer than two weeks must be reported to me. I have one tenant who said this would not work for her due to some special circumstances, and her credit and reputation are strong, so I removed it from the lease.

slickn

If said tenants stop paying rent you will only be able to take the person on the lease to court for non-payment of rent. The girlfriend will not be required by law to leave the apartment after eviction and the landlord will have to take her to court seperately in order to reclaim the apartment. It is in the best interest of the landlord to have all persons living in the apartment on the lease. In this case it does not seem a matter of doing background and credit checks, just a case of having all the t's crossed and i's dotted in case of the worst.

bostonS6

The landlord just wants another person to go after in case you default.

The only concern is, when you leased the appt., you probably only told the landlord you would be living there alone. The lease may say something to the effect of, "in the event of a change in occupants, the rent may be adjusted".

Read the lease, but the landlord really has no way to make your GF become a tenant on the lease. It also doesn't matter if the check comes from her, she can be your agent. In the event landlord rejects her check, have her pay you and consolidate funds into 1 check.

You will never get evicted simply because she is living there. A judge will never evict you for this, even if it is a "technical default" of the lease. Just keep paying the rent on time. If you have the lease, fax it to 617-209-2155 and I will review it for you and let you know any potential problems.