Is it legal for a roommate to move someone in without the permission of the other person listed on the lease?

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Is it legal for a roommate to move someone in without the permission of the other person listed on the lease?

My friend and I both are on the lease. Can she let people move in without my permission? I mean we already have 1 roommate, so we are sharing 1 bedroom. And now she brought her friend so it’s 4 of us in 2 bedroom apartment. I mean I know it’s allowed but a random person sleeps on the couch in my living room and stocks her stuff in my room. And that person does drugs so I just don’t want here in my apartment because who knows what’s on her mind? What can I do about it?

Asked on April 12, 2012 under Real Estate Law, Alaska

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The terms "legal" or "illegal" are commonly used in a criminal matter. However with respect to your question, for one roommate to move some third person into the jointly shared rental without the permission of the other listed on the lease would essentially be a breach of an implied agreement (contract) between the two of the roommates.

Meaning, under the circumstances that you have written, if two people have signed a lease for a unit and one roommate then brings another person to live in the rental without permission of the other roommate, there is a breach of an implied agreement between the two that there would only be two people living in the rental they signed a lease for.

I suggest that you consult with your roommate about the problem to try and resolve it on your own and if that does not happen speak with your landlord about it.


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