Can Someone Live with You if They Are Not on the Lease?

Use these links to jump to different sections:

• Do All Tenants Need to Sign the Lease?
• Can You Live with Someone Without Being in the Lease?
• When Does a Guest Become a Tenant in a Rental Property?
• At What Age Is a Child Considered an Occupant?
• How to Legally Add Someone to the Lease
• Removing a Non-Tenant from Your Rental Property
• Can a Tenant Remove a Non-Tenant?
• Seek Legal Advice

When a property owner signs a lease agreement with a tenant, they become a leaseholder. They must manage the tenancy to protect their real estate investment. Tenants are also responsible for complying with the lease and protecting their legal rights. When tenants choose to ignore the terms of the lease and have someone who is not on the lease live with them, they can potentially create legal issues.

Do All Tenants Need to Sign the Lease?

Generally, having everyone living in the rental property sign the lease is considered good practice. By signing the lease, everyone agrees to abide by the lease terms. That way, a landlord can hold them accountable for any violations and pursue legal remedies to protect their real estate ownership.

Having all tenants sign the lease also creates greater clarity, as the tenants are expected to read the lease contract before they sign it. That way, they are made aware of the lease terms and are more likely to understand what is expected of them.

Richard L. Spencer is a real estate attorney in Houston, Texas, who practices at the firm of Ferguson Braswell Fraser Kubasta PC. He stresses the importance of setting the right expectations when entering a lease agreement. “If I know what your expectations are, I can go through the negotiations and talk with the other side to figure out what their expectations are and let you know. That is, we can amicably put it all on paper. Then the opportunity for a disagreement reduces.”

State-Specific Laws and Practices

All states have their own set of landlord-tenant laws. While these laws cover the same topics, they can vary greatly. Eighteen is the age of legal majority, so most states require anyone 18 or older to sign the lease.  Some states have exceptions for minors or individuals under the age of eighteen. Some states allow one person to sign the lease and then bring in unrelated roommates who do not sign the lease. Other states, like California and Texas, require all adult tenants to sign the lease. Those who do not are considered a guest of the lease signing tenant.

Even if a state does not require all tenants to sign the lease, it is good practice for a landlord to require all adult tenants to sign the lease. For tenants, it is also good practice to insist that all tenants in the rental sign the lease. That way, one individual is not held accountable for the actions of individuals not on the lease.

Can You Live with Someone Without Being in the Lease?

If you do not violate the lease or local occupancy laws, you can live with someone without being on the lease. If you violate either of these, then no, you cannot live with someone without being on the lease. Tenants who want to bring a non-lease-signing tenant into the rental home must first notify the landlord and get approval. They must also accept the potential legal issues that come with the decision.

Consequences for the Tenant

Tenants and their non-tenant occupants take risks when living in a rental where not everyone has signed the lease. The non-signing tenant does not have the same legal protections as lease-signing tenants. They cannot enforce the lease terms against the landlord because they are not a party to the lease agreement. Both the tenant and non-tenant face eviction. The landlord could claim the non-tenant hasn’t signed the lease and, therefore, should be evicted. The landlord could seek eviction against the tenant for violation of the lease.

Consequences for the Landlord

Landlords that allow unauthorized occupants in their rental take on additional risk. Managing occupants who are not on the lease is more challenging, as you have limited legal recourse. They are not subject to the lease terms, so it cannot be used to enforce rental policies. There may also be insurance issues, as the policy may not cover damages caused by unauthorized occupants.

When Does a Guest Become a Tenant in a Rental Property?

Someone who stays at a rental property short-term and is not on the lease is typically referred to as a guest. However, a guest can become a tenant when they stay long-term or permanently in the rental property. The exact moment when a guest becomes a tenant can vary based on many factors:

• State law
• Lease terms
• Nature of the stay
• Guest’s actions
• Landlord’s actions

Long-term guests who stay consistently and contribute financially to rent payments are more likely to be considered tenants. In contrast, someone who stays short-term or inconsistently and doesn’t contribute financially is more likely to be viewed as a guest.

At What Age Is a Child Considered an Occupant?

Typically, children are not required to sign the lease agreement. Anyone under 18 is not considered a legal adult, so they cannot legally sign a contract agreement. There are some exceptions to this, such as emancipated minors. Instead of a minor signing the lease, their legal parent or guardian is the one who would sign the lease. Children are also referred to as occupants, not tenants. While they may not be on the lease, the tenant does need to report their presence at the property to the landlord. Many local governments have occupancy limits. So, a landlord must ensure a tenant with multiple family members living with them complies with local occupancy limits.

How to Legally Add Someone to the Lease

Sometimes, a tenant may decide to bring an additional person into the rental after signing the lease. Before adding a co-tenant to the rental unit, the tenant needs to contact their landlord. The lease likely has requirements for adding a tenant and whether adding a tenant is allowed in the written lease agreement.

The tenant should submit a written request to the landlord, who will then provide written approval in response. Before granting approval, landlords often require the potential new co-tenant to agree to the same background checks the original tenant did. Some landlords also require an additional security deposit.

Once approved, the landlord will sign a lease addendum with the tenants. This document formally brings the new occupant into the lease agreement. Sometimes, a landlord may choose to prepare an entirely new lease agreement. After signing, the tenants and landlord may need to notify appropriate parties. For example, a property or rental insurance company may want to know about all occupants for insurance policy coverage.

Removing a Non-Tenant from Your Rental Property

Landlords must act quickly when faced with a non-tenant in a rental property. Waiting can be construed as a sign of acceptance, making it more difficult to remove them. The first step is to determine the state of the non-tenant. They are either a guest who has overstayed their welcome or an occupant who may have tenant rights. Then, review the lease agreement to familiarize yourself with the lease terms. That way, you follow the lease and do not violate it yourself when attempting to remove the unauthorized resident. Speaking with a real estate attorney can help you understand the law and follow it. That way, you do not put yourself in violation and at risk.

Send Notice

Provide written notice to the non-tenant outlining the lease violations, the deadline for compliance, and consequences for non-compliance. This notice needs to follow the state law. It could be called a “notice to vacate” or a “notice to quit”, depending on the state. Once sent, the landlord must wait the required time, giving the non-tenant time to comply. Typically, this is a 30-day notice

Eviction Notice

If the non-tenant occupant refuses to lease, the landlord may be forced to take the legal route for removal. The landlord will need to file a formal request for eviction with the court clerk where the property is located. Once the landlord receives an order of eviction from the court, the landlord can take the next steps to remove the non-tenant from the property. Some non-tenants may leave after the court order is issued. Others may require the landlord to seek assistance from local law enforcement to enforce the formal eviction.

Can a Tenant Remove a Non-Tenant?

Typically, a tenant cannot evict someone from the rental because they do not have the necessary legal rights to do so. Instead, the tenant would need to notify the landlord and let them handle the eviction process. Tenants shouldn’t try to “self-help” by taking actions that would create a constructive eviction. This can create more legal complications and liability for the tenant.

If a tenant wants to have an unauthorized occupant removed, they should start by documenting everything. Keep a record of all notices and communications. Follow the law so that they don’t create unnecessary legal liability. Communicate clearly and in writing to resolve the issue as smoothly as possible.

Seek Legal Advice

As a tenant, you are legally responsible for the lease agreement that you signed with the landlord and property owner. While you can choose to live with someone who is not on the lease, some potential complications and risks come with this choice. The landlord could choose to have the non-tenant evicted. Ideally, renters would contact the landlord and make the necessary arrangements to add a tenant to the rental agreement. Working with a licensed attorney can help tenants and landlords sort out non-tenant issues. They can answer legal questions and prepare the necessary legal documents.

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