Can You Be Evicted For Cohabiting?

When it comes to deciding whether your significant other is going to move in with you, it’s a matter for some discussion between the two of you—and your landlord.

That’s because your lease almost certainly has a clause regarding occupants, along the lines of this clause in a sample lease from MrLandlord.com:

“Guest(s) staying over 15 days without the written consent of OWNER shall be considered a breach of this agreement. ONLY the following individuals and/or animals, AND NO OTHERS shall occupy the subject residence for more than 15 days unless the expressed written consent of OWNER obtained in advance.”

That clause means your girlfriend or boyfriend needs your landlord’s permission to start bringing boxes into your apartment—something you might not have thought about in the excitement of starting the next phase of your relationship.

In most cases, landlords don’t particularly care with whom their tenants have relationships, because your relationships are a private matter. It is worth noting that marital status is not protected by the Federal Fair Housing Act, meaning that landlords are allowed to refuse to rent an apartment on the basis of whether or not you and your significant other are married in many states.

There are a couple of concerns that go along with a significant other moving in—as far as your landlord is concerned—that go beyond your marital status.

You’ve already gone through the application process, but your girlfriend or boyfriend hasn’t. So the landlord won’t know if he or she can pass a credit check, has reputable references or will otherwise make a good tenant.

Most landlords don’t really like the idea of just automatically adding a new tenant because you’ve become involved with someone. Offering to go through the application process can sometimes be enough to make a landlord willing to add a new person to your lease.

However, if you don’t arrange to update the lease when you move in together, you could be in for some problems. A clause outlining who is allowed to occupy your apartment can be enough for a landlord to start eviction proceedings if you violate it.

Most landlords won’t move straight to eviction if your girlfriend or boyfriend has moved in, but it is possible that your significant other will be asked to move out. That can put you in a very awkward position, without a lot of leverage, although the specifics of the situation can vary by state.

This is one case where it’s better to ask permission than to beg forgiveness.