Can A Landlord Refuse To Add A Spouse To The Lease?

Shifting in together with your accomplice is an enormous step. This step is much more monumental in case you are married to that particular person. Once you and your partner transfer in collectively, there’s a lot to think about. Nonetheless, earlier than you begin unpacking and opening the champagne, you would possibly need to discuss to your landlord first.

Your landlord could refuse to incorporate your partner on the lease for various causes. In case your condominium doesn’t permit for extra residents, your landlord could deny your utility. In case your partner fails your landlord’s utility course of, your partner may be rejected. In case your landlord refuses to place your partner on the lease, you possibly can apply to make her or him an eligible resident whereas the lease expires.

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Examine your rental settlement

In the event you’re questioning in case your landlord can refuse to place your partner on the lease, it is best to evaluate your current lease.

Does the lease permit roommates?

You must first test the lease to see if you happen to can add a roommate. Some leases could have already got a built-in clause that permits you to add both a roommate or various folks. This doesn’t essentially imply that your partner doesn’t need to undergo the applying course of. Nonetheless, it does imply that you’re allowed so as to add another particular person to your rental settlement.

Your rental settlement could have an occupancy restrict

Your rental contract and the legislation can decide how many individuals can occupy the condominium you lease. If you have already got a number of roommates, you might be busy. Occupancy limits can fluctuate from state to state, so you should definitely test your native legal guidelines to see how many individuals ought to realistically be capable to legally occupy your house.

Examine state legal guidelines

State legal guidelines differ with regards to including your partner to your lease. Some states will let you add your partner to the lease with out requiring a brand new lease. Nonetheless, most would require you to contact your landlord.

Make sure you lookup the precise legal guidelines and renter’s rights in your state to be sure you’re following all the principles. You do not need to transfer your partner into your own home till you are certain you are following the correct tips.

Contact landlord

In case you are getting married and determine to let your partner transfer into your house, it is best to contact your landlord. Relying on the connection you have got together with your landlord, this may be both tedious or pleasing. Regardless, sincere {and professional} communication is the easiest way to go if you happen to’re trying so as to add your partner.

Clarify your new marital standing

First issues first: Inform your landlord that you’re married. If the wedding is new, inform your landlord you simply tied the knot. Maybe your partner is within the army or touring for lengthy intervals of time for work. No matter why you’re transferring in together with your partner proper now, you should definitely let the owner know that you just need to reside together with your authorized partner. Marriage is a powerful authorized bond, and that bond could replicate otherwise in your landlord’s eyes than a “roommate.”

Specific understanding of landlord’s rights

Let your landlord know you recognize the legal guidelines in your state and browse your lease. This can let your landlord know that you just imply enterprise and that you recognize the mandatory steps to get your partner on the lease. This might help pace up the method. It undoubtedly saves your landlord from having to clarify issues to you.

Make it tempting

In the event you and your partner love the place you reside, there is no hurt in letting your landlord know. You would possibly each need to nest on this home for a while. Let your landlord know you are able to signal a multi-year lease.

It additionally helps to be tenant who retains the condominium so as. Ensure you preserve the condominium clear and the lease is paid on time.

The partner is topic to the identical tenant requirements

In case your partner applies to be in your lease, they might want to fulfill the identical standards that you just did while you utilized. Earlier than your partner applies, verify that she or he meets the factors. In case your partner doesn’t meet your landlord’s requirements, your landlord could refuse to place your partner on the lease.


Credit score checks are commonplace for many landlords when checking potential tenants. Be sure your partner has adequate credit score if you happen to apply for inclusion on the lease. In case your partner does not have a steadiness, possibly attempt one guarantor. Having you as a co-signer is probably not sufficient as you’re already on the lease.

felony background

Landlords can even test your partner’s felony document. If there’s something that may come up on a felony background test, be ready to clarify it.


Be sure your partner is ready with references. Former landlords, private {and professional} letters of advice will be useful. Something that may assist your partner appear like and dependable tenant might help get her or him on the lease.

In case your landlord rejects your utility, can you progress out?

In case your landlord refuses to place your partner on the lease, you possibly can each begin on the lookout for different residences. Earlier than you signal a lease wherever, it is best to learn your lease. You’ll possible nonetheless be accountable for paying the lease till the tip of your rental interval.

Breaking your lease can harm your credit score and your landlord can sue you for the lease you owe. You might have to attend out the lease earlier than you and your accomplice can reside in your dream residence collectively. You’ve got the chance to attempt it signal a second lease whereas terminating your present one, however that may be pricey.

Utility to Make Partner a “Certified Resident”

Possibly your partner has bad credit report. Or possibly there’s one other issue stopping it from being included on the lease. If so, you possibly can ask the owner so as to add them as an eligible resident. A qualifying resident wouldn’t make him a part of the lease, however it could permit him to reside beneath the identical roof.

Which means that you’d nonetheless be solely accountable for the lease and the rental circumstances. Ensure you agree to those phrases and the owner agrees to this settlement. On this case, a utilization rights settlement can give you the results you want and your partner.

associated questions

Can my landlord improve my lease throughout my tenancy?

Most often, your landlord can’t improve your lease throughout your tenancy with out your consent. A rental settlement is a binding doc that each you and your landlord should comply with. Which means that requests for adjustments that deviate from the rental settlement should be agreed by each events.

If for any motive your lease comprises phrases that permit or present for a lease improve all through your lease, your landlord can implement that improve. In different phrases, in case your lease says your lease will improve after a sure time period throughout your lease, then it is going to.

Can my landlord cost extra for utilities if I put a roommate on the lease?

In case your landlord permits you to add a roommate, your utilities and even your lease could improve. In the event you add a roommate to your lease, your landlord will possible apply for the potential tenant first. As soon as the roommate meets the required standards, most landlords will draw up a brand new lease.

The brand new lease will embody your roommate, however it could embody different adjustments at this level. If there’s a new lease, your landlord could make changes to the lease and utilities at the moment. Since one other particular person will reside within the condominium, it’s regular for extra prices and lease to extend.

Can I’ve my partner terminate my contract if we divorce?

In the event you and your partner are each acknowledged as tenants on a lease, you can’t kick her or him out. You each have equal rights as tenants in case you are each tenants within the lease. In case your accomplice is just not on the lease however lives with you, it could be just a little simpler to have her or him faraway from the home.

It’s finally as much as your landlord to permit both of you to take full cost of the lease. Contact your landlord if you happen to and your partner are getting a divorce and considered one of you needs to proceed the lease and the opposite needs to maneuver out.

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Signing the tip line

On the finish of the day, your landlord in all probability has each proper to refuse to place your partner on the lease. The owner could refuse in case your condominium does not permit for extra occupants or in case your partner does not meet your landlord’s necessities.

Nonetheless, there are options in case your landlord is just not prepared to incorporate your partner on the lease. Chances are you’ll be weathering the ultimate months of your lease individually whilst you search for a brand new residence. You may also ask your landlord to make your partner the eligible resident.

Tom Gaffey

Tom Gaffey is a veteran author at the moment primarily based in Washington DC. Tom has a ardour for actual property and residential enchancment writing, in addition to journey and life-style writing. He has lived in Hawaii for the final twelve years, working carefully with luxurious resorts and occasion planners, honing his data of aesthetics and luxurious merchandise. It was right here that he discovered his ardour for DIY and his eager curiosity in DIY initiatives. At present residing in Washington DC, Tom can be engaged on his debut novel.