If a friend’s daughter signed a lease for an apartment with the intent to marry and move her spouse in, what can she do if the landlord now wants him to move since he’s not on the lease?

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If a friend’s daughter signed a lease for an apartment with the intent to marry and move her spouse in, what can she do if the landlord now wants him to move since he’s not on the lease?

Upon their marriage, he moved to the US from the UK and moved in. The landlord is threatening eviction. Can the landlord do that?

Asked on February 10, 2016 under Real Estate Law, Alabama

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

A lease is a contract; the parties to it (that is, the landlord and tenant) are bound by its terms, and either party can enforce its terms against the other. If the lease specifies who may live there and statea that only the named or listed individuals can live there, the landlord can enforce that term, and evict a tenant who has unauthorized occupants, even a spouse.


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