Can an apartment complex evict a tenant because their significant other does not have acceptable credit?

UPDATED: Sep 17, 2011

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Can an apartment complex evict a tenant because their significant other does not have acceptable credit?

I am a black female 51 year and my boyfriend is black 46 year old man. Apartment complex said everyone over 18 in complex has to fill out an application. We did so. His credit is unacceptable but he passed background. I’m sure because he works at a boys’ group home. I have received notice that he has to vacate immediately and is considered unauthorized occupant. If I don’t comply I will receive a 30 day notice.

Asked on September 17, 2011 under Real Estate Law, Mississippi


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If you have a written lease agreement for the unit you are occupying, you need to carefully read it in that its terms and conditions control the obligations owed to you by the landlord and vice versa in the absence of conflicting state law.

You need to read all provisions concerning occupancy of the rented unit and see if under the written lease your boyfriend is allowed to stay as an occupant of the unit or not. You also need to call managment or the owner of the complex and see why your boyfriend has been requested to vacate the unit. When you receive the reason, follow up with a written confirming letter to management and/or the owner keeping a copy for your records.

Depending upon the reasons why your boyfriend is being considered an unauthorized occupant, you might consider consulting with your local landlord tenant clinic or "legal aid" program.

Good luck.


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