Q: In my lease, I don't have a max occupancy but the landlord won't allow my elderly mother to move in. Is this legal?
A: It depends upon how many people live there and how many bedrooms there are. Also, if he requires her to be on the lease and she or you is refusing to put her on the lease, he can refuse on that basis as well.
Bruce Alexander Minnick agrees with this answer
A: Regardless of why the landlord is refusing to allow your elderly mother to move in to your apartment with you, I am certain you will have to admit that you are changing a material term in the agreement: i.e., the number of occupants.
Written leases are written for a reason: to eliminate misunderstandings. For example, you are trying to advance your cause by saying that the lease does not have a "maximum capacity" clause in it; right? The landlord can just turn that around and argue that the lease does NOT have to give any maximum occupancy. So who is right?
I would side with the landlord because they did NOT agree to rent the place to you and your elderly mother; you just decided to let her move in without telling the landlord BEFORE they let the place to you.
Rationale: Every person living in an apartment adds wear and tear to the carpets, and the bathrooms, the refrigerator and all the other appliances, etc. That is why Landlords charge MORE to tenants who have MORE people living there.
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