Renters Rights concerning application fee?

Question

I just moved into my girlfriends apartment while my house sells and am being required by her apartment complex to fill out an application and pay a $35 dollar application fee. Can they do this? Aren't I considered a guest, I don't really want to be on the lease since she is already on one?

Answer 1

Your girlfriend's lease probably defines "guest" and "tenant." Read the lease. You probably fall under the definition of "tenant." A guest is often defined as someone who visits occasionally and stays over only once in a while (should be defined as to number of days in her lease).

If you're not a guest, then you're a tenant. And if you moved into her apartment, you're very, very likely a tenant. So, yes, the apartment complex can define you as a tenant and require an application fee.

But the definitive answer is in her lease.

Answer 2

When you move in you are no longer a guest. The $35 application fee seems a little high, but it's so they can run a credit check. If you want to live there you have to be on the lease. You didn't mention a rent increase, but most places do that to when someone moves in with another tenant. If they don't consider yourself blessed.

Answer 3

Like Chaston you shouldn't have to pay unless your staying longer than..i believe you have 3 months some leasing agencies are different in that when it comes to visitors.  any two people sharing an apartment unfortunately will have to pay because it covers the background and credit check.  my lease doesn't actually specify. :-/

explain your situation to the leasing office some people are willing to be nice. :-)

Answer 4

You are consider a guest if you only stay for couple of days and not for the whole term of your gfs lease. was the 35 dollar for credit check?  

Answer 5

Read the lease, but its usually standard operating to define quest versus residency, since you have already been brought to the attention of management my bet its in the lease, as such if you wish to stay you will have to file out the app, pay the fee and have a background check upon which they can still reject you based upon the background check reveals

Answer 6

A guest is a day or two per month. Legally speaking, anything more is a tenancy (with full residency rights) and they want to run a credit/criminal check to cover their butts. It's fully legal and advisable. On behalf of your girlfriend you should applaud this, knowing they do it to all her neighbors, as well.

Answer 7

You moved in.   You said this yourself.   You are not a guest.

You need to pay for the back ground check and credit check, just like anyone else.   Your girlfriend can not just move anyone into the apartment, she does not own it, she rents it.

Answer 8

If you "moved in" you aren't a guest, you are a tenant.  If you slept over one or two nights then you are a guest.

Answer 9

This is pretty standard.  All adults living in a rental MUST be on the lease even if its just for a couple months.

You are only considered a guest if you stay for about 5 days or less - more than 5 days is considered another tenant.