Why can’t I be added to my wife’s lease?

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Why can’t I be added to my wife’s lease?

I recently got married and I am trying to get into my wife’s lease agreement. I sent my application and it was denied due to my credit and past rental history. My wife has been living in the apartment complex for more than a year and has always paid the rent on time. However, the managing company says that I can’t be added to the lease unless I am approved individually. Can they do that? Isn’t this as simple as adding my name to her current lease?

Asked on March 20, 2012 under Real Estate Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

It's as simple as adding your name to her lease--if the landlord (or its managing company) wants to do this. A lease is a contract; once it is executed between two parties, both parties have to consent or agree to any change, including adding a new party. Being married to someone does not give you an automatic right to be added to her contracts or leases; therefore the landlord or its agent must agree to add you to any leases. In this case, it appears that you do not meet their criteria for this.


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