If my brother is being evicted and we have the same landlord, can my landlord tell me that my brother cannot move in with me?

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If my brother is being evicted and we have the same landlord, can my landlord tell me that my brother cannot move in with me?

Asked on June 18, 2015 under Real Estate Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

The landlord may refuse to allow your brother to move in with you if you are in public or subsidized housing (including getting section 8 support or subsidies), since those types of housing require every occupant to be approved in advance before they move in, and a person who was evicted from the landlord will not meet tenant selection or eligibility criteria.

If it's not public or subsidized, the landlord can only stop your brother from moving in with you if your lease specifies who is authorized to live there and your brother is not, or gives the landlord some right of approval over who lives there--such lease provisions are legal and can be enforced. Otherwise, the most the landlord *can* do is refuse to make your brother a tenant--that is, add him to your lease--but your brother could live with you and pay you a share of the rent while you pay the landlord the rent.


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