If a tenant signs a lease indicating that there will be only 3 people renting an apartment but then has more living there, is that a violation of the law?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If a tenant signs a lease indicating that there will be only 3 people renting an apartment but then has more living there, is that a violation of the law?
I had a tenant who signed a lease indicated that it would be her and her two kids living in the small 2 bedroom apartment. She then had her boyfriend and had another kid living there right after the lease was signed (mail was coming to the boyfriend, etc). In the end she left the apartment early without any notice and now wants her security deposit back. Is there any way i can say that she broke her lease by not only leaving early but by having more than the people she said was going to live there?
Asked on August 9, 2012 under Real Estate Law, New Jersey
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If the written lease clearly states that the unit is to be inhabited by a limited number of people and the unit has more than the stated amount the failure to abide by the written lease would be a material breach of it warranting the landlord to terminate it at his or her option.
Whether or not there is a zoning violation for having too many tenant in a rental depends upon what the zoning law in effect for the unit mandates.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.