Am I legally obligated to allow my tenant’s fiancé to live at my property if he did not sign the lease agreement?

UPDATED: Aug 6, 2012

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Am I legally obligated to allow my tenant’s fiancé to live at my property if he did not sign the lease agreement?

Signed a lease with a woman, her fiancé did not make it to the lease signing. Out of courtesy I went ahead and let her sign the lease, she listed him under occupants and signed his name where it states that they are entering a contract with us. But I didn’t allow her to sign for him anywhere else. We are now having alot of problems with this guy and do not want to do business with him. We sent a letter stating he needed to sign the lease within 5 days and due to some more problems with him we really just don’t want to grant him tenancy if we don’t have to.

Asked on August 6, 2012 under Real Estate Law, Texas


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If the third party in the unit is simply an "occupant" as designated and not a tenant, then he is not legally allowed to reside in the unit if he is no longer wanted by you. In essence this "occupant" is a "guest". If he will not leave voluntarily, then you need to consult with a landlord tenant attorney as to the best way to get rid of him.

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