Can My Parents Lease an Apartment for Me

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Old 08-19-2013, 03:26 PM

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I'm moving to the Peninsula (Bay Area, CA) for college and I was wondering if it's illegal to accept my dad sign a lease, list me equally an occupant, and just have me live there for my time in college?

He's helping me pay for everything and money isn't an issue at the moment.

To clarify, I'm not making him a co.signer or anything, but the person actually signing the lease.


Last edited by HelloAaron; 08-nineteen-2013 at 03:36 PM..

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Old 08-xix-2013, 03:31 PM

tworent

Location: Clermont Fl

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aye

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Old 08-19-2013, 03:46 PM

Location: Silicon Valley

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I wouldn't allow you do this, knowingly. I desire the actual tenant on the lease, because that'due south the person I take a legal agreement with. If you have nothing to lose, I don't have any leverage past threatening to evict y'all if I don't get the hire, etc. It makes an eviction gummy. Plus, y'all could put your Dad in a bad spot if you caused problems at the complex - he's the ane who'd get an eviction on his report, etc.

I practise, however, rent to students with merely their names on the contracts, then you may be able to do this. If you show me yous are a full-time student, and your credit is good, I will desire to see your pupil loans and/or bank accounts. But, even if you lot don't take those, I would probably hire to y'all just every bit a full-time student with practiced credit, and nifty references. I accept great luck with students, and I don't like co-signers, for the same reason equally above. I have no real leverage with a co-signer. On the other hand, i don't care if it'southward Dad'due south checks that pay the hire.

You might be able to get away with it in a big circuitous - putting your dad on lease, and y'all as occupant, though nigh places will want all adults on the charter. I'thousand likewise not strict most this, though. If someone's boyfriend/girlfriend moves in and at that place are no problems, I leave the lease lone with the original tenant on it. If there are problems, I kick everyone out with 30 days notice (calendar month-to-month here).

I guess I need to sympathize your reasoning for wanting to do it this way. Peradventure I could be more helpful.

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Old 08-19-2013, 03:52 PM

Location: St Thomas, The states Virgin Islands

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Yes, it's perfectly legal and not uncommon.

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Old 08-xix-2013, 04:03 PM

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Quote:

Originally Posted by NoMoreSnowForMe View Post

I wouldn't let you do this, knowingly. I want the actual tenant on the charter, because that's the person I have a legal agreement with. If you lot have zip to lose, I don't have any leverage by threatening to evict you if I don't go the rent, etc. Information technology makes an eviction mucilaginous. Plus, y'all could put your Dad in a bad spot if you caused problems at the complex - he'south the one who'd become an eviction on his written report, etc.

I do, however, rent to students with just their names on the contracts, and so you may be able to do this. If y'all show me you lot are a total-time pupil, and your credit is good, I volition desire to come across your student loans and/or bank accounts. Simply, even if you don't have those, I would probably hire to you just equally a full-time student with adept credit, and corking references. I have great luck with students, and I don't similar co-signers, for the same reason as above. I have no existent leverage with a co-signer. On the other hand, i don't care if information technology's Dad's checks that pay the rent.

Y'all might exist able to get away with it in a big complex - putting your dad on charter, and you as occupant, though most places will desire all adults on the charter. I'k also non strict about this, though. If someone'southward boyfriend/girlfriend moves in and at that place are no problems, I leave the lease alone with the original tenant on it. If there are issues, I kick everyone out with thirty days notice (month-to-calendar month here).

I gauge I need to understand your reasoning for wanting to practise information technology this way. Perchance I could be more helpful.

The apartments I want to live in do not allow cosigners and have to accept some sort of stable income attached.

I don't have a chore, though I exercise program on getting a part time chore while up there. I'll exist a full time student in college equally well. I thought this style it'd brand a quicker and easier procedure, simply I can see how information technology'south not that thought out.

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Old 08-nineteen-2013, 04:15 PM

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I spoke to a lawyer about this not that long ago. The lawyer said it was legal. In that location is no law/rule most how many days the "other person" on the lease must sleep there/be there. Every bit long as they sign the charter, they are a legal tenant.

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Old 08-19-2013, 04:24 PM

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Quote:

Originally Posted by sware2cod View Post

I spoke to a lawyer about this not that long ago. The lawyer said it was legal. In that location is no law/rule almost how many days the "other person" on the lease must sleep there/exist there. As long every bit they sign the lease, they are a legal tenant.

Just wondering, does this apply to the canton of San Mateo in California? I know laws are unlike state by state.

I too accept another question that anyone can answer:
Does the cosigner have to be present with y'all to sign the lease, or can they do it over fax/e-mail?

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Old 08-xix-2013, 04:34 PM

Location: St Thomas, US Virgin Islands

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Quote:

Originally Posted past HelloAaron View Post

Merely wondering, does this employ to the county of San Mateo in California? I know laws are different state by land.

I also have another question that anyone can reply:
Does the cosigner have to exist nowadays with you to sign the charter, or can they practise it over fax/email?

It's universal and no country law that I'grand enlightened prohibits information technology. Your father is not going in a cosigner but as the leaseholder (the way that y'all've addressed information technology) and, yeah, he will have to sign the lease with an original signature. If he tin't be there physically, the lease can be mailed to him and he tin can sign it in the presence of a Notary Public to verify it. Same scenario if he is in fact going in equally a cosigner.

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Old 08-nineteen-2013, 05:05 PM

Location: Silicon Valley

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At that place were a bunch of articles a while back most watching out for tenant scams, where one person comes and applies, simply come move-in 24-hour interval, someone else moves in. I simply did a quick search on the internet, and couldn't observe what I was looking for.

It's really a shame that place doesn't take co-signers. It's one way to legally discriminate against students.

But, if it's legal to put dad on the lease and you every bit an occupant, that would exist not bad.

I looked through my CA landlord constabulary book, and didn't see anything that said what you want to do is illegal. Information technology does advise to become all adults on the lease every bit tenants.

From my experience living in the SF Bay Surface area, I don't wait you to have good luck trying to do what you desire to practise. I tin can't put my finger on anything concrete. It's merely a sense of how things are washed here traditionally.

But I do wish y'all luck.

EDIT: BUT, if you lot look for an apartment complex close to your college, that caters to students, they volition take co-signers for certain.

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Old 08-19-2013, 05:13 PM

Location: Silicon Valley

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In fact, see if your higher has a student off-campus housing spider web folio. The higher beyond the street from me does. All of those places that advertise at the college will have co-signers. Here's the website for the college across from me, equally an example:

Santa Clara University - Pupil Life - Off-Campus Housing -Rental Listings

Yous can also search on Craigslist by putting in the search box the proper name of your higher. As in, "close to SCU" etc., to find apartments that cater to students.

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