Signed a 14 mo lease. Told 6 months later I need to reapply

[Matt Larson]

I signed a lease for a 2 bed 2 bath apartment in Denver, CO.  6 months ago in November.  I qualified financially myself for the 2/2.  I told them about my plans to get a roommate when I applied.  They said since I qualified financially, it is not necessary  for future roommates to qualify financially but would need to pass a criminal background check.  I then got a roommate for the second bed room.  She stayed for 5 months.  

     I recently had to find a new room mate.  After she was approved I was told I would need to reapply.  They said they changed the policy since I signed my lease and the new policy is that if any roommate moves out and a replacement is needed all the people in the apartment need to reapply.

    I told them I will not be doing that because that's not how contracts work.  One party can't change the terms of the contract during the contract.  They did back down, but it made me think.  If it happened to be in the lease when I applied is that even legal?  Can they make you reapply during a lease?  How common is this?  Would they have to state this during the application? 

 If I happened to get arrested for DWI or something during that time can an apartment complex kick you out? IF they kick you out can an eviction go on your record?  How many days warning would they need to give you?

[Nicole Heasley Beitenman]

Quote from @Matt Larson:

    I told them I will not be doing that because that's not how contracts work.  One party can't change the terms of the contract during the contract.  

Good for you! Assuming CO laws are similar to Ohio's, you're correct; they cannot change the lease term in the middle of the lease.

They did back down, but it made me think. If it happened to be in the lease when I applied is that even legal? Can they make you reapply during a lease? How common is this? Would they have to state this during the application?

Just because a landlord puts a clause in a lease does not make in enforceable. I can put, "Landlord may murder tenant at landlord's discretion," and that would not allow me to legally murder my tenant. It's an absurd example, but it conveys the point. My gut tells me a clause allowing the landlord to change the lease term on a whim would not be enforceable in court, but I'm not an attorney, nor am I versed in CO landlord laws. If it is allowable, they probably wouldn't have to state it during the application process.

If I happened to get arrested for DWI or something during that time can an apartment complex kick you out? IF they kick you out can an eviction go on your record? How many days warning would they need to give you?

Now that's a horse of a different color. In one scenario, you did nothing wrong. In this scenario, you broke the law and may be in violation of the lease by doing so. I would imagine it would depend on the severity of conviction. Speeding ticket? Landlord probably can't kick you out. Cooking meth in the basement? I'd hope the landlord could evict with no notice, and you'd have more to worry about on your record than that eviction. Again, you'll have to consult with a professional familiar with CO's laws. 

[Kevin Sobilo]

@Matt Larson, I think @Nicole Heasley Beitenman is right in some ways but is forgetting some of the details of what may be happening.

You signed a 14 month lease and it sounds like they amended that lease to add a roommate and then amended it again when that roommate left. That all makes sense, but your right to add or subtract roommates is spelled out in the lease they don't have to allow you to do that. That roommate could have been held accountable until the end of the lease whether they stayed or not.

What I suspect they are doing is changing their policy. So, that when a tenant wants to change a lease by adding a roommate that they want you to sign to terminate the old lease and sign a brand new one. Since they are willing to consider your request to have a different roommate, they want to have a policy that works out better for them.

So, you are terminating that 14 month lease as part of this. So, they are treating you as a brand new tenant before signing you to a brand new lease.

I wouldn't do that because a tenant's track record with me is more telling than my screening process, but I have heard of landlords doing this.

Also, I'm glad you pushed back and that it worked out for you! 

[Nicole Heasley Beitenman]

Quote from @Kevin Sobilo:

@Matt Larson, I think @Nicole Heasley Beitenman is right in some ways but is forgetting some of the details of what may be happening.

You signed a 14 month lease and it sounds like they amended that lease to add a roommate and then amended it again when that roommate left. That all makes sense, but your right to add or subtract roommates is spelled out in the lease they don't have to allow you to do that. That roommate could have been held accountable until the end of the lease whether they stayed or not.

What I suspect they are doing is changing their policy. So, that when a tenant wants to change a lease by adding a roommate that they want you to sign to terminate the old lease and sign a brand new one. Since they are willing to consider your request to have a different roommate, they want to have a policy that works out better for them.

So, you are terminating that 14 month lease as part of this. So, they are treating you as a brand new tenant before signing you to a brand new lease.

I wouldn't do that because a tenant's track record with me is more telling than my screening process, but I have heard of landlords doing this.

Also, I'm glad you pushed back and that it worked out for you! 

But the OP doesn't say anything about the original lease being amended. They say the roommate had to pass a background check, but my impression, according to the post, was that the original lease was never formally amended when the roommates were added/subtracted. 

If the original lease allows the OP to swap out roommates as they choose, they're stuck with the policy they laid out in that lease. They can (and really should) change that policy when it's time for the OP to renew. 

I could be wrong. The lease may state that they have the right to formally amend the lease upon the addition of a new roommate, in which case the OP has to play the game by that rule. But these don't sound like savvy landlords. I think we need more information from the OP regarding the verbiage of the lease. 

[Matt Larson]

Thanks for the replies.  The reality is the lease was so long like 25 plus pages, and it was all electronic on my phone it's not like I read every word.  I was very clear with multiple mangers and went over it a few times with them when I initially signed the lease that I could get roommates.  They said over and over since I qualified financially, future roommates would only need to pass a background check. 

   The managers freely admit that they changed the policy sometime after I signed the lease. They think it's okay to change the terms of the lease while in the lease.  I told them there is no way I would be doing that, and told them how truly absurd it is for them to think it's ok to change the terms of the lease while in the lease period.  It's strange that I even need to point this to another adult, let alone someone who's job is is to have leases signed all day everyday.  Oh, hey managers, I know we signed that 14month lease for 1750 a month, but here's the thing, I've changed my policy recently, my new policy is I don't pay more than 1300 per month in rent.  Does this sound absurd to you managers?  Yes?  What's absurd about it? Oh because we all agreed to 1750 for 14months and we all signed the lease. This is the first layer of absurdity.

   The other thing I'm curious about is the state laws regarding this even if they had it in the lease.  Can you legally sign a year long lease with someone and put a clause in that they can make you reapply at their discretion at any time of their choosing and if they decide you don't qualify what then?   Would they have to give you a 2 month warning that your lease is terminating early?  Would you get evicted right away?  Would a judge or sheriff enforce an eviction?

There is not a chance in hell I will start a new lease with this apartment and I would never apply to any apartment with a policy like that.

Some other thoughts I had was ,what is rational for this?  Why not randomly make other families randomly reapply?  What is the significance of a replacing a roommate? Sure, do a criminal check on the new roommate, but why would I need to do another criminal background check?  I just passed one 6 months ago, when I signed the lease. I understand they want you to financially qualify for the apartment (which I did alone) but even if I needed a roommate to qualify, just use my bank statement from when I first signed the lease.  Why does my roommate deciding to leave have anything to do with me?  Why should I be punished more?  Her leaving early leaves me with about 15 hours of unpaid labor I now need to do.  Taking pics and putting up advertisement on various sites.  All the emails/texts and in person showings plus cleaning after the roommate that left for the new person.  All the stress because she didn't give me ample warning so I could have lost 1000 bucks because of a vacant room.

 

[Theresa Harris]

You are right, they can't change the terms of the lease mid lease unless both parties agree to it.  You did what you should be notifying them the new person was moving in.  If there was nothing in the original lease about it terminating if you added (or removed) a room mate, then stand your ground.  Did the roommate even go on the lease?