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Not sure what to do/how to approach (lease/apartment issue)

DrezDrez Registered User regular
This might be on the long side. I want to give as much context without going overboard. Some of you may be aware of some details here already due to previous posts when I was dealing with a roommate situation years ago, but I'll refresh everyone on the bits necessary to this current issue.

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I've been living in my current building and unit for a long time, almost 7 years now. I started off as a sublet. The person I sublet from called it "corporate housing" who was the only leaseholder and took on the responsibility of finding roommates as needed and shouldered the cost of any unoccupied bedrooms. It is a 2 bed 2 bath converted to a 3 bed 2 bath.

After some time, the original leaseholder wanted to separate from that relationship but me and the other two roommates wanted to stay so we ended up doing a lease takeover. Only two of us qualified, but since the third roommate was already occupying the other bedroom, we allowed him to register as a "Registered Occupant" with the building which enabled him to utilize the scant amenities available here (mainly the receipt of packages by the front desk).

Fast forward to now. As of May 2020, I am the sole leaseholder. I had sublet one of the rooms that I now am solely responsible for in May 2020 to essentially someone random. I had them sign a sublease. All went well. But now the person left as of August 31st. With his help, I found a replacement. These individuals are students, not making the same as me and unlikely to pass whatever credit check they need. I mean, I'm not sure, but one of the reasons my subletting option was attractive to them is because I didn't need/require any kind of credit check.

Anyway, the process for registering a "Registered Occupant" with the building used to be a specific form, filled out and signed by the leaseholder(s), the occupant to be registered, and notarized. This was fine with my last roommate. Apparently, the building has now "changed its policy" and is claiming that all registered occupants 18 or older must be listed on the lease and must go through the application process with credit check/background check/etc. This person won't have a problem with the background check, I'm certain - he's a local university student and seems a-ok to me - but the credit check, no idea.

This smells fishy to me. I know plenty of people that bring on extra roommates just by subletting to them. Never heard of a requirement to bring each occupant onto the lease. On top of that, even though the lease doesn't spell out any specific rules about this, I have operated under my current conditions and relationship with the building since I have been a leaseholder, for about 5 years now. In fact, they have confirmed multiple times that subletting is totally fine, though that was verbal (and also implied by prior acceptances of previous registered occupants in this unit). On top of this, I'm planning on not renewing at the end of this lease. I don't want anyone else on the lease with me, even if he can pass the credit check.

The thing is, I renewed my lease in July. Or rather in June for the July 31st renewal. Absolutely no mention of this policy change was made. I feel as though I was presented with the renewal essentially under false pretenses. I absolutely would not have renewed for this unit. In fact, I had been 99% sure I was going to leave the unit and move to a different location but the reason I changed my mind was (1) they offered a flat renewal with half a month free and (2) it would be seamless, at least from my previous experience.

The other issue, I already have an executed sublease with this new roommate. I can't very well go back and say "hey, you can no longer live here, sorry." Nor can I afford to pay for the entire rent on my own.

I initially emailed the appropriate individuals for this last Wednesday, I believe, on 9/1. They did not respond with the "change in policy" unless 9/7. I've been sitting on responding in any way because I'm frankly very annoyed and a bit worried about what is going to happen here. I will say the person who sent me the info about the policy change is relatively new (I think only about 2 months with the management company for the building), but she copied someone who I have had a decent relationship with in the past who has worked at the management company for a

I feel like I need to send a response ASAP, but I don't know what tone I should adopt. Guns blazing? ("This is unacceptable and I'm going to have to review your email with my lawyer.") Or appeal to the fact that I've been here for 7 years, that this was not communicated to me previously and I would not have renewed under these terms. Should I start with the latter and then threaten to lawyer up if they dig in? Or should I just be honest about my worry that this person may not pass a credit check but I already have an agreement with them? Or...what? Any and all advice is welcome.

After this I'm getting a one bed one bath for myself. Never dealing with this stuff again. I absolutely should have done that this year and I'm very upset now that I didn't. I've partially been dragging my feet on this because I am on vacation and don't want to deal with anything like this but of course I have to anyway.

Switch: SW-7690-2320-9238
Steam/PSN/Xbox: Drezdar
Playing: Persona 5 Royal (PS4), Animal Crossing (SW), FF7remake (PS4)

Posts

  • DaenrisDaenris Registered User regular
    First you need to check your lease to say whether there is anything specifically in writing about subletting, or other occupants or anything. If there's something in there, that's what they can hold you to. If there's nothing in there, then things are certainly trickier.

    After doing that, I'd definitely suggest taking the milder tone in your initial response, bringing up your long residence time, and that this change wasn't communicated to you.

    But depending on what your lease says in writing, and how nice the management company is, you should probably be prepared to either need to get them on the lease, or have them not live there.

    Drezdispatch.oElvenshaeShadowfire
  • DrezDrez Registered User regular
    The only thing it says is you cannot list the apartment for subleasing or otherwise. It does mention registered occupants as a thing. Does not mention any process or policies by which an occupant may be registered.

    This person not living there is literally not an option. I will have to get a lawyer involved if it comes to that and I can’t come up with some other idea on how to handle. And I’m not sure if getting them on the lease is even possible but I may consider getting a lawyer involved before that as well.

    Switch: SW-7690-2320-9238
    Steam/PSN/Xbox: Drezdar
    Playing: Persona 5 Royal (PS4), Animal Crossing (SW), FF7remake (PS4)
  • dispatch.odispatch.o Registered User regular
    Be cautious about what you want, the solution might end up being termination of the lease.

    Subletting everywhere I've ever rented has been a grey area and if asked the official response was always, "all occupants over 18 have to be listed on the lease".

    Subletting was just kinda allowed to happen, but never officially part of an agreement. The local managers will certainly be more likely to be helpful than if you ring the corporate lawyer bell.

    Orcazepherintynic
  • DrezDrez Registered User regular
    So more flies with honey than vinegar.

    Switch: SW-7690-2320-9238
    Steam/PSN/Xbox: Drezdar
    Playing: Persona 5 Royal (PS4), Animal Crossing (SW), FF7remake (PS4)
    zepherinspool32
  • DrezDrez Registered User regular
    Screw it, I’ll call the person at the management office that I’ve known for awhile and feel her out.

    Switch: SW-7690-2320-9238
    Steam/PSN/Xbox: Drezdar
    Playing: Persona 5 Royal (PS4), Animal Crossing (SW), FF7remake (PS4)
    dispatch.oDaenrisElvenshaezepherin
  • DrezDrez Registered User regular
    Could not get in touch (no answer - called twice) but I’ll try again tomorrow.

    Switch: SW-7690-2320-9238
    Steam/PSN/Xbox: Drezdar
    Playing: Persona 5 Royal (PS4), Animal Crossing (SW), FF7remake (PS4)
  • DrezDrez Registered User regular
    She's out until Monday. Whee!

    Switch: SW-7690-2320-9238
    Steam/PSN/Xbox: Drezdar
    Playing: Persona 5 Royal (PS4), Animal Crossing (SW), FF7remake (PS4)
  • dispatch.odispatch.o Registered User regular
    Really hope you get the right answer. Living situation stress is like no other.

    DrezGnizmoCambiataElvenshaekimeShadowfire
  • spool32spool32 Contrary Library Registered User regular
    I think the right approach is to honey the flies, yes.

    However, you should be prepared to either have your roommate added to the lease, or move out. If the honey doesn't work, and adding this person to your lease is a non-starter, your best result is to be released from the lease agreement with no termination penalty.

    JaysonFourDrez
  • DrezDrez Registered User regular
    Had the conversation. It did not go well.

    Bottom line: They can sorta still live here but they won't have access to any amenities, including having packages delivered under their name. Unless he is willing to go under the lease which I don't know that he'll pass a credit check since he's a student. Also it's $100 for the application fee. Which I guess I'll have to pay.

    She mentioned something about an I-20? Can someone help me understand what that is?

    I have to talk to him when he comes home tonight.

    Switch: SW-7690-2320-9238
    Steam/PSN/Xbox: Drezdar
    Playing: Persona 5 Royal (PS4), Animal Crossing (SW), FF7remake (PS4)
  • DaenrisDaenris Registered User regular
    Drez wrote: »
    She mentioned something about an I-20? Can someone help me understand what that is?

    It's one of the forms required for a student visa I think. Maybe management is asking in order to verify the person is legally allowed to be in the country?
    Unless there's some completely different thing that I-20 refers to in this case.

  • IrukaIruka Registered User, Moderator mod
    When I had shitty credit and needed to get into my last apartment, they charged me 500 bucks as a "security fee" (a racket) and it was fine since I was just a cosigner. I wonder if that's a possibility here? Is the building owned by a company that's a larger conglomerate?

  • DrezDrez Registered User regular
    edited September 13
    Thanks all.

    So my roommate and I mathed it out and based on what the building told me of their leaseholder requirements, he will not pass. He just doesn't make the 2.5x salary they require for half the cost of this place. He'll pass the background check no problem, though.

    But...can't I act as his cosigner? I mean, none of this makes sense to me. As far as the building is concerned, I'm already approved as responsible for the total cost of the apartment. Their requirement is that each person evenly splits and is responsible for half the rent. But all of that rent is already accounted for under me being approved as responsible for it. If I acted as a cosigner, I would be signing up to be responsible for the half that I'm responsible for and the half that he is responsible for. Couldn't I propose that, I guess?

    I'm really irritated but I'm too tired and annoyed to get into the details tonight. Maybe tomorrow. Suffice to say, I feel like the building pulled a Kansas City Shuffle on me here.

    Drez on
    Switch: SW-7690-2320-9238
    Steam/PSN/Xbox: Drezdar
    Playing: Persona 5 Royal (PS4), Animal Crossing (SW), FF7remake (PS4)
  • dispatch.odispatch.o Registered User regular
    edited September 14
    If he's a student, I know some of the apartments back in my hometown (college town) had some sort of formula that included a portion of their loans/aid as if they were for living expenses, as well as some way to account for monetary support provided by family. So your income didn't have to specifically be all on a paycheck from hourly wages.

    Honestly if the worst case here is he has to get a PO Box or have packages shipped to a friend/family member (or you, if you two end up being friends) it beats homelessness. Could have gone a lot worse.

    I'd still probably find a way to utilize financial aid as income and/or support from family if that would let him qualify, though. Ultimately they wont give a shit as long as he pays.

    dispatch.o on
    DrezSiskaIruka
  • DrezDrez Registered User regular
    I told him he could put packages in my name if he needs to. *shrug*

    Switch: SW-7690-2320-9238
    Steam/PSN/Xbox: Drezdar
    Playing: Persona 5 Royal (PS4), Animal Crossing (SW), FF7remake (PS4)
  • DaenrisDaenris Registered User regular
    You should just ask the management about that in terms of cosigning. Even when I was in college I've never been in an apartment where they required each tenant to be separately capable of paying for a percent of the rent, just that all tenants together were responsible for the full amount, so everything should be fine from their end, because you're still there. Though I also haven't rented for over 10 years, so no clue.

  • DrezDrez Registered User regular
    edited September 14
    Daenris wrote: »
    You should just ask the management about that in terms of cosigning. Even when I was in college I've never been in an apartment where they required each tenant to be separately capable of paying for a percent of the rent, just that all tenants together were responsible for the full amount, so everything should be fine from their end, because you're still there. Though I also haven't rented for over 10 years, so no clue.

    They told me that for the credit check, since there will be two of us, they cut the rent exactly in half and base the approval on 2.5x salary against 50% of the current total cost. I told them this individual will not be paying 50% but they said "that's your business," basically. It's really absurd to me. (That's without the cosigning topic having been brought up.)

    Drez on
    Switch: SW-7690-2320-9238
    Steam/PSN/Xbox: Drezdar
    Playing: Persona 5 Royal (PS4), Animal Crossing (SW), FF7remake (PS4)
    Daenris
  • DaenrisDaenris Registered User regular
    Ugh. Yeah, that's dumb.

    urahonky
  • BurtletoyBurtletoy Registered User regular
    Did they mention anything about bank accounts, or just income?

    I've had places say X times rent in income, or blah blah blah in savings

  • DrezDrez Registered User regular
    Nope, just salary.

    Switch: SW-7690-2320-9238
    Steam/PSN/Xbox: Drezdar
    Playing: Persona 5 Royal (PS4), Animal Crossing (SW), FF7remake (PS4)
  • zepherinzepherin Registered User regular
    I’ve seen places ask for a payment bond.

  • DrezDrez Registered User regular
    It’s just dumb since the rent is already totally covered.

    Switch: SW-7690-2320-9238
    Steam/PSN/Xbox: Drezdar
    Playing: Persona 5 Royal (PS4), Animal Crossing (SW), FF7remake (PS4)
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