Is it legal for a landlord to say that my girlfriend is not allowed to move in with me?

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Is it legal for a landlord to say that my girlfriend is not allowed to move in with me?

She also lives in the same trailer park as me and will be braking her lease. We lived together until last month. I moved out and she cannot afford the rent so she is being evicted. We resolved our problems and received a call from the park manager today telling me that she cannot move in with me because of her being evicted.

Asked on April 4, 2012 under Real Estate Law, Michigan

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

As a general matter, the landlord cannot do this. An eviction terminates a tenant's tenancy and possessory rights to one particular unit or premises. The landlord would likely be justified in not renting another unit to her, or allowing her to be a co-signor or co-tenant of a lease for  another unit, but should not, without more, be able to bar her from residing as a guest of another tenant.

However, there are circumstances under  which it would be legal:

1)  If  your lease limits who or the number of people who could live in your unit with you, or gives the landlord some right to approve other members  of your household--if  you signed a lease with such terms, they are enforceable.

2) If the judgment in her eviction or any  stipulaton, settlement, or agreement she signs or signed in relation to her eviction barred her from any residency at the park.

3) There are some eviction grounds which would probably justify excluding her from the park entirely--such as willful destruction of  the landlord's property, denying other residents the right to quiet enjoyment of their property, or threats/crimes/assaults against the landlord. On the other hand, eviction for  nonpayment should not, so long as she is not going to be financially responsible on your unit.

Therefore, it is not necesarily the case that the landlord can prevent her from moving in with you, but there are circumstances under which he can. You may wish to consult in detail about her situation and your lease with an attorney, for a more definitive answer.


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