Can I Be Evicted for Having Someone Live With Me?
Understand how lease terms, occupancy rules, and landlord policies affect your rights when someone moves in with you.
Allowing a friend or family member to move into a rented apartment might seem straightforward, but it can create legal complications depending on the lease agreement and local housing regulations. Tenants can face eviction if they add occupants without adhering to the proper procedures. Understanding the rules surrounding who can live in a rental unit is crucial for maintaining housing stability.
Lease Clause on Occupancy
A lease agreement is the legal contract detailing the terms of tenancy, outlining the rights and responsibilities of both the tenant and the landlord. A critical component of this document is often an “occupancy clause,” which specifies who is permitted to reside in the rental unit.1Nolo. What to Include in a Basic Lease Agreement or Rental Lease This section typically lists the names of all adult tenants who signed the agreement and are legally bound by its terms, including rent payment and adherence to property rules.
This clause establishes a direct contractual relationship between the landlord and the named tenants. Individuals not named on the lease are generally considered occupants, not tenants, and typically do not share the same legal standing or financial responsibilities unless the lease explicitly states otherwise. The occupancy clause often limits long-term residency to the tenants listed on the lease and, in some cases, their minor children, ensuring clarity for the landlord regarding who is living in the property and bound by the agreement.
Occupancy Limits
Beyond the lease itself, local or state government regulations often impose limits on the maximum number of people allowed to live in a rental unit. These occupancy standards, found in housing codes, building codes, or health regulations, aim to prevent overcrowding and ensure occupant safety and health.
These limits are usually based on objective criteria like the unit’s total square footage and the number and size of its bedrooms.2Nolo. Can I Set a Limit on the Number of Occupants in a Rental? Many jurisdictions follow guidelines similar to those suggested by the U.S. Department of Housing and Urban Development (HUD) or model codes like the International Property Maintenance Code (IPMC).3RentPrep. HUD Occupancy Standards: A Complete Breakdown For Landlords A common, though not universal, guideline suggests a maximum of two persons per bedroom. However, specific codes might detail minimum square footage per person for sleeping and living areas. For example, the IPMC specifies minimum floor areas for bedrooms (e.g., 70 square feet for one occupant, plus 50 square feet for each additional occupant) and living rooms. Overcrowding can strain building systems, increase fire risks, and lead to unsanitary conditions. Therefore, exceeding legally mandated occupancy limits can create grounds for concern, independent of the lease agreement, as it violates health and safety regulations designed to ensure adequate space, light, and ventilation.
Landlord Approval for Additional Occupants
Introducing a new long-term resident usually requires the landlord’s consent, as stipulated in most lease agreements. Tenants typically need to formally request permission, often in writing, before allowing another person to move in permanently.
Landlords generally have the right to evaluate the proposed occupant using screening procedures similar to those for original tenants. This often involves requiring the prospective resident to complete a rental application detailing employment, income, and references. Background checks, including credit history and criminal records, may also be conducted to assess if the individual meets the landlord’s standard residency criteria and poses no significant risk.4Portage Metropolitan Housing Authority. How to Effectively Screen Potential Tenants
If the prospective occupant is approved, the landlord typically formalizes this permission through a written lease amendment or addendum. This document acknowledges the new resident’s presence and clarifies their status—whether they become a co-tenant with full lease responsibilities or an authorized occupant whose presence is permitted without the same legal obligations. Documenting this approval in writing is essential to prevent future disputes. Alternatively, some landlords may require terminating the original lease and signing a new one that includes the additional resident as a co-tenant.
Violations That Can Lead to Eviction
Allowing someone not named on the lease to live in the unit long-term generally constitutes a breach of the lease agreement. Leases specify permitted residents, and adding someone without following the required procedures or against explicit prohibitions violates these terms. Such a violation is often considered a “material breach,” a significant failure to uphold the contract, giving the landlord grounds for action.
A key distinction exists between a temporary guest and an unauthorized occupant. Leases usually allow short guest stays. However, when a guest’s presence becomes extended—indicated by factors like receiving mail, moving in furniture, contributing to expenses, or staying beyond a lease-specified timeframe (often 14-30 days)—they may be considered an occupant. If this person is not on the lease and the landlord has not approved their residency, they become an “unauthorized occupant,” directly contravening the lease’s occupancy clause.
Furthermore, adding an occupant might push the number of residents beyond the limits set by local housing or health codes.5Landlord Studio. Rental Property Maximum Occupancy Laws Exceeding these legal occupancy limits violates health and safety regulations, providing another basis for the landlord to claim a lease violation, even if the lease doesn’t explicitly mention local codes. Both violating the lease’s occupancy terms and exceeding legal limits are typically sufficient grounds for a landlord to begin eviction proceedings.
Formal Eviction Process
If a landlord finds that a tenant is housing an unauthorized occupant, violating the lease or occupancy laws, they cannot simply change the locks or cut off utilities. A formal legal process must be followed. This begins with the landlord serving the tenant a written notice, often called a “Notice to Quit” or “Notice to Cure or Quit.” This document must specify the violation—housing an unauthorized person—and demand that the tenant resolve the issue (usually by having the person leave) within a specific timeframe, or vacate the property. The time allowed to fix such a violation is often short, dictated by state or local law.
If the tenant remedies the violation within the notice period, the eviction process typically stops. If the tenant fails to comply, the landlord can proceed by filing an eviction lawsuit, commonly known as an “unlawful detainer” action. The landlord submits court documents, like a Summons and Complaint, detailing the reasons for eviction, specifically citing the unauthorized occupant.
The tenant must then be formally served with these court papers, which include a deadline (often very short, sometimes just five business days) to file a written response, or “Answer,” with the court. Failure to respond can lead to a default judgment, meaning the landlord wins automatically. If the tenant files an Answer, a court hearing is scheduled.
At the hearing, both parties present their case. The landlord must provide evidence of the lease violation, such as proof that an unauthorized person resides in the unit. The judge reviews the evidence and applicable laws before making a decision. If the court rules in the landlord’s favor, it issues a judgment granting the landlord possession of the property.
If the tenant still refuses to leave after the judgment, the final step involves a court order, often called a “Writ of Possession.” This order authorizes law enforcement, like a sheriff, to physically remove the tenant. The officer usually provides advance notice, often by posting the writ, indicating when the eviction will occur, allowing a brief period for the tenant to move out voluntarily before being forcibly removed. Only through this court-supervised process can a tenant be legally evicted for having an unauthorized occupant.
