Real Estate

Should I be worried? Spouse not on apartment lease

  • Last Updated:
  • Aug 15th, 2017 5:25 pm
[OP]
Newbie
Oct 28, 2014
9 posts
Toronto, ON

Should I be worried? Spouse not on apartment lease

My wife and I found a great apartment that we really like about a month ago. I went by myself to submit the application papers from both of us. When they ran credit checks on both of us, it turns out my wife didn't pass it- apparently her car loan that she paid on time and in full was sent to collection by a stupid mistake of the lending institution, and so her credit is now in really bad shape. So, the lease agent for the apartment said "Here, I'll just run the lease application on your name only". So I apply for the lease under only my name, was approved, quickly glanced over the lease, signed the 1 year lease, and never thought much about it until today. Our move in date is this Friday.

Today, for some reason, I read over the lease agreement again, and in one section it says the following:
"The apartment is leased to the resident for occupancy solely by 1 adult, consisting of (My name).... in the event of any change of occupancy, the new occupant must complete application, approved from management, and new or amended lease agreement must be signed by the parties..."

I've never thought twice about it because it was the lease agent who recommended that I sign the lease under my name only. But today I went to their office for some other matter, and found out that the lease agent who signed my lease wasn't there anymore. I was told that he left the position to go back to school. It got me thinking, and and now I'm worried that when my wife and I move into the apartment, technically we'd be in violation of the terms of the lease, and whoever's in charge now may not be as flexible as the guy who signed my lease.

My wife currently put in a dispute claim to fix the error on her credit report, but I'm guessing it'll take some time. What do you think I should do in this case? Should I 1) go talk to the new manager tomorrow and explain the situation? or 2) not say anything and just move in? If I do 1) I'm worried that the new manager might make my wife apply again which she won't pass as her credit isn't fixed yet, and may evict me for violating the terms of the lease. If I do 2) they may find out later and also evict me. My wife says it's not a big deal so let's just move in without saying anything.. but I'm quite worried..
10 replies
Deal Fanatic
User avatar
Mar 23, 2008
9818 posts
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Edmonton
attrobaxx wrote:
Aug 14th, 2017 10:05 pm
My wife and I found a great apartment that we really like about a month ago. I went by myself to submit the application papers from both of us. When they ran credit checks on both of us, it turns out my wife didn't pass it- apparently her car loan that she paid on time and in full was sent to collection by a stupid mistake of the lending institution, and so her credit is now in really bad shape. So, the lease agent for the apartment said "Here, I'll just run the lease application on your name only". So I apply for the lease under only my name, was approved, quickly glanced over the lease, signed the 1 year lease, and never thought much about it until today. Our move in date is this Friday.

Today, for some reason, I read over the lease agreement again, and in one section it says the following:
"The apartment is leased to the resident for occupancy solely by 1 adult, consisting of (My name).... in the event of any change of occupancy, the new occupant must complete application, approved from management, and new or amended lease agreement must be signed by the parties..."

I've never thought twice about it because it was the lease agent who recommended that I sign the lease under my name only. But today I went to their office for some other matter, and found out that the lease agent who signed my lease wasn't there anymore. I was told that he left the position to go back to school. It got me thinking, and and now I'm worried that when my wife and I move into the apartment, technically we'd be in violation of the terms of the lease, and whoever's in charge now may not be as flexible as the guy who signed my lease.

My wife currently put in a dispute claim to fix the error on her credit report, but I'm guessing it'll take some time. What do you think I should do in this case? Should I 1) go talk to the new manager tomorrow and explain the situation? or 2) not say anything and just move in? If I do 1) I'm worried that the new manager might make my wife apply again which she won't pass as her credit isn't fixed yet, and may evict me for violating the terms of the lease. If I do 2) they may find out later and also evict me. My wife says it's not a big deal so let's just move in without saying anything.. but I'm quite worried..
Different locations have different rules. But you don't give a location, so I'll just suggest talking to your local landlord tenant board.

Chances are good it won't matter.

C
Deal Addict
Dec 21, 2010
1473 posts
740 upvotes
GTA
As a landlord, this is more of an issue of concern for safety reasons. For instance, if your wife/child is not listed under "Occupant" , and there happens to be a fire, the fire department must be aware of the number of occupants.

Make sense?

So while your spouse might not qualify to be a leaseholder, at the very least she must be listed as an occupant.
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[OP]
Newbie
Oct 28, 2014
9 posts
Toronto, ON
Thanks. I will add her to the leasehold or as an occupant as soon as her credit is fixed. I just wasn't sure whether to tell the new manager when moving in this week because I'm worried she would make my wife apply again as a leaseholder (the lease seems to state that every "occupant" must still apply and get approved). So am I safe to assume that it's not a big deal and just move in?
Deal Fanatic
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Mar 23, 2008
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attrobaxx wrote:
Aug 15th, 2017 9:21 am
Thanks. I will add her to the leasehold or as an occupant as soon as her credit is fixed. I just wasn't sure whether to tell the new manager when moving in this week because I'm worried she would make my wife apply again as a leaseholder (the lease seems to state that every "occupant" must still apply and get approved). So am I safe to assume that it's not a big deal and just move in?
Oddly enough, not every clause a landlord puts in a contract is legally binding. Again, since you don't mention a location... In Ontario, a landlord can't prevent someone else from moving in, even if they put a clause in the contract that says they can. The RTA trumps a landlord's contract. There was a thread in here not long ago about someone wanting to bring in a 4th roommate, and the landlord deciding he should get extra rent because of it. End result was the landlord lost that discussion.

C
Sr. Member
Dec 4, 2004
620 posts
341 upvotes
GTA
In Ontario, Section 22 of the Residential Tenancies Act prohibits a landlord from interfering with the reasonable enjoyment of a rental unit by the tenant. Cases heard before Ontario courts (ie Radokovic v. Stoney Creek Non-Profit Housing Corp.) have ruled that "reasonable enjoyment" includes the right to have the full use of a rental unit for all lawful purposes, and in this sense, having overnight guests and boyfriends/girlfriends/roommates etc. move in has been ruled a lawful purpose.

Furthermore, even if a lease agreement has a clause that may restrict additional occupants other than those listed in the agreement, Section 4 of the RTA makes any clause of a lease agreement that is inconsistent with the RTA void and unenforceable.

Therefore, in Ontario, your wife can legally live in the rental unit even if your lease agreement states that you are the sole occupant, you do not have any obligation to inform your landlord, and your landlord cannot take any action to restrict or remove your wife from the rental unit.
Deal Addict
Dec 21, 2010
1473 posts
740 upvotes
GTA
Has everyone here read the new Act? I think you should all take a moment and get yourselves a copy. It is called the Rental Fairness Act.
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At the end of the day, you're the boss and need to make sure I'm worth your rate of pay!
Sr. Member
Dec 4, 2004
620 posts
341 upvotes
GTA
The Rental Fairness Act does not replace the Residential Tenancies Act. The Rental Fairness Act is an act to amend the Residential Tenancies Act, which is still the legislation in place that governs residential tenancies in Ontario. The current version of the RTA has already been updated to include the changes made in the Rental Fairness Act. It is not an Act to be read on it's own and it's scope is very limited, mostly changes to the way rent can be increased and the rules regarding eviction. All the changes are in favour of tenants.
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Mar 23, 2008
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And a number of people are ASSUMING the OP is in Ontario...

C
Deal Addict
Dec 21, 2010
1473 posts
740 upvotes
GTA
Oh, I am aware it is not an act to replace the previous act, but just wanted to point out that it should be read lol

Sorry, was in the middle of something earlier while I was writing, otherwise I would have been more clear in why I wrote it ;)
Award Winning Realtor - I LOVE MY JOB!!
At the end of the day, you're the boss and need to make sure I'm worth your rate of pay!

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