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Can a landlord (property mgt company) evict me for this?!?

  
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Can a landlord (property mgt company) evict me for this?!?

Postby therron57 » Sun Jul 08, 2012 2:36 pm

My fiance signed a year's lease for a duplex rental on May 28, 2011. On the lease it names himself and both of my children (from a previous marriage) as tenants. On June 10, 2011, he and I married so I moved from my ole rental into his new duplex. After 14 months of living here, paying rent, my personally paying the rent in person (never my husband), and dealing with the management company for work orders, etc, TODAY I'm told I can be evicted from this duplex because I'm personally not listed on the lease (though my husband and my children are). I was shocked and said as a rebuttal (poor or not) "You've been dealing with me for over a year, knew I was his wife, HAD to know my name wasn't on the lease only NOW to make it an issue?!"

When I explained that I am in a witness protection program which gives me an alias name and PO box address in another state (for my mail and identity purposes), they said it didn't matter and that I needed to be 'screened' to live here. Being my husband and kids were approved originally with my moving in a few weeks later, I did NOT feel I ever needed (or should) make a big deal about adding my name to the lease (for safety reasons).

I was so upset that I asked the property manger "did you know that our neighbors on the other side of the duplex has their 34 year old son living with them and has been there for the past 9 months?!" She said with a surprised look on her face, "no, we didn't know this". Then she dropped the issue.
So IF I must be screened then so should the neighbor's grown son as he isn't on their lease either.

Does anyone know for sure (WA state I live in, keep in mind please) if a wife can be evicted should I not pass the screening (credit) process knowing my husband and kids live here? This would be a company literally keeping a wife and mother OUT of the family home. In the event this happened, bringing the story to light in this town sure wouldn't do this well notorious company much publicity good, right?

Finally, after carefully reading our lease (or my husbands technically), it makes NO mention of any one needing to be screened/approved AFTER the original tenant (my husband and kids) got approved and signed the lease. In other words, of course at the time of signing lease someone needs to be screened/approved. But the lease makes no mention of anyone in the future moving in also needing to be screened/approved.

Any facts to share such as tenant's rights and/or thoughts?

Many thanks :)
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Can a landlord (property mgt company) evict me for this?!?

Postby joachim » Sun Jul 08, 2012 2:37 pm

He wouldn't neccessarily have to evict you but rather have you remoged for trespassing as you are not listed in the lease as a tenant or an authorized occupant. If this company wanted to they could start the process to evict everyone. They would have to serve notice to your husband that their is an unauthorized occupant and this violates the lease and needs to be remedied in the state specific amount of days or face eviction.

With your witness protection status the management company should be discrete but still has the right to verify who is living in their property. You guys should have gotten this taken care of prior to you moving in. In all reality this is just a legal/paperwork problem. I would compky with their request and fill out an application. Take the steps neccessary to continue to have protection for yourself, your case worker should be able to assist sith this.
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Can a landlord (property mgt company) evict me for this?!?

Postby gillivray5 » Sun Jul 08, 2012 2:40 pm

Usually all tenets over 18 must be on the lease.
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Can a landlord (property mgt company) evict me for this?!?

Postby chatima » Sun Jul 08, 2012 2:47 pm

The short answer is they have every legal right to evict you since you are not on the lease. You are an illegal tenant - it does not matter about your marital status or witness protection or anything else. Obviously landlords have every right to monitor the number of tenants in a unit. What other tenants are doing have absolutely no bearing on your case.

I would suggest you fill out an application form so the management company can check you out if that is what they require. If you refuse then you can legally be evicted.

Not what you wanted to hear I know.
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