Is it legal for a roommate to move someone in without the permission of the other person listed on the lease?

UPDATED: Apr 12, 2012

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Is it legal for a roommate to move someone in without the permission of the other person listed on the lease?

My friend and I both are on the lease. Can she let people move in without my permission? I mean we already have 1 roommate, so we are sharing 1 bedroom. And now she brought her friend so it’s 4 of us in 2 bedroom apartment. I mean I know it’s allowed but a random person sleeps on the couch in my living room and stocks her stuff in my room. And that person does drugs so I just don’t want here in my apartment because who knows what’s on her mind? What can I do about it?

Asked on April 12, 2012 under Real Estate Law, Alaska


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The terms "legal" or "illegal" are commonly used in a criminal matter. However with respect to your question, for one roommate to move some third person into the jointly shared rental without the permission of the other listed on the lease would essentially be a breach of an implied agreement (contract) between the two of the roommates.

Meaning, under the circumstances that you have written, if two people have signed a lease for a unit and one roommate then brings another person to live in the rental without permission of the other roommate, there is a breach of an implied agreement between the two that there would only be two people living in the rental they signed a lease for.

I suggest that you consult with your roommate about the problem to try and resolve it on your own and if that does not happen speak with your landlord about it.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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