Does a guest have to be added to a tenant’s lease after 30 days of visiting?

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Does a guest have to be added to a tenant’s lease after 30 days of visiting?

My boyfriend invited me to stay at his apartment for approximately 2-4 month’s while I job hunt. Someone at the management office told him that my name must be added to his lease and I must pay a $40 fee if I stay more than 30 days. Is any or all of this true?

Asked on November 14, 2011 under Real Estate Law, Arizona

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The law itself does not require this; however, the lease could, and if the lease has  this rule or requirment, it is  enforceable. Your boyfriend and you should review the terms and conditions both of his lease itself and of any "house rules" or other documents which the lease states are incorporated into, or made part of, it. If the lease or house rules, etc., require a long-term guest to be added to the lease and pay a fee, you would have to; otherwise, you should not.


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