Co-Signer's Rights to the Apartment
My question involves landlord-tenant law in the State of: Wisconsin.
I apologize if this sounds a little crazy... imagine what it's like to live like this. :wallbang:
My boyfriend signed a lease on an apartment in the middle of last month. He's never lived anywhere aside from home and is now attending graduate school four hours away from there so his mother co-signed on the lease for him due to his lack of rental history. I have been living with him since he moved in while I am searching for a job here and he is working. The landlord has seen me here and is aware of my situation and seemingly has no problem with me being here but not having a written agreement. My boyfriend certainly has no problem with it.
Last night, his mother calls him up in a fury saying she knows I'm here and she's most certainly not okay with it. His mother and I have never particularly gotten along and suffice it to say it's because of a difference in life goals and beliefs (certainly not because of anything having to do with my relationship with her son, just a straight-up unfounded dislike of me) and she does not remotely support our relationship at all. She threatened to come up here and have me removed from the premises by the police because her name is on the lease and she helped him to pay rent last month. She also said that if we try to put my name on the lease or have me move in, she will move up here herself to prevent me from being with him.
Aside from the obvious problem that she's being completely impractical and her son is in his early twenties and an adult, can she do any of this? I have not read the lease, but according to my boyfriend, she signed on only as a co-signer... not as a subleaser or a subtenant. So if I'm understanding this right, HE should have the rights to decide who lives here and who doesn't, not her. My questions are as follows:
1) Can his mother have me removed from the premises or arrested for living here with him, despite no evidence of me being dangerous or worthy of legal action in any way?
2) Can she move into the apartment without his permission despite only being a co-signer on the lease?
3) Can a co-signer for a different tenant prevent a new tenant from adding their name to the lease or subleasing if they (the new tenant) have the permission of the landlord?
Thank you for your time.
Re: Co-Signer's Rights to the Apartment
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1) Can his mother have me removed from the premises or arrested for living here with him, despite no evidence of me being dangerous or worthy of legal action in any way?
Not if the BF allows otherwise
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2) Can she move into the apartment without his permission despite only being a co-signer on the lease?
If she is simply a co-signer (guarantor), she would have no rights as a tenant. If she is simply "on the lease" basically signing in the same area of the contract as her son, she could argue that she is a legal co-contractor and as long as the LL doesn't make an argument to the contrary, she has a right to possess the apartment along with the son.
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3) Can a co-signer for a different tenant prevent a new tenant from adding their name to the lease or subleasing if they (the new tenant) have the permission of the landlord?
yes. There can be no alterations to a contract that alter the conditions of the contract without all parties agreeing to the changes. What you would be doing is trying to bind the mother to being liable for your debts as well as the sons. Ain't gonna happen.
If BF wants to play games with mom by playing house with you, then it is time he stands up on his own two feet and takes full responsibility for his debts so he can tell mom that he is in control of his own life.
What's that you say? They will not rent to BF without a co-signer?
Then he best learn to respect his mothers opinion or it sounds like he might have a new roomie.