Tenant Rights

[bconknee]

My question is: Do the children who are now adults have any rights to the apartment? Does the spouse of the original tenant have rights?
Situation:
Originally, the lease contained the name of a single mother and the two children who were underage. The single mother has maintained the residence for the past 28 years with her then live-in husband and now legal husband( same man). The children are now grownup and have families of their own and homes or apts of their own. The have not occupied that apt as a residence for over 15 years.
Problem is that they both somehow believe that the apt is theirs to do as they please since their names are on the original lease. I stated that since their mother does not own the property and they do not own the property - their rights to that residence was over once they became of age and established residence elsewhere. I also stated that their step-father has rights to that apt. Their mother is terminally ill and he is still alive and I believe it is his residence since he has occupied it over 28 years and is legally married to their mother. Please state the laws that can answer this question.

[HardKnocks]

Can children's names even be on a lease? Surely you have to be 18, and legally able to sign such a document, to be "on the lease."

I'm no lawyer, but it sounds like a no-brainer. The spouse is always next of kin. And if the children were not even of age to sign a legal document such as a lease, how can they have a claim anyway?

[jot0n0]

The key piece of information is whether the apt is rent regulated or not. I'm assuming apt is regulated due to length of time same tenant resided in apt (28 years), therefore would be granted succession rights under DCHR Fact Sheet #30. You can look it up by searching this website, but basically, the husband would "inherit" the apt after tenant pass away.

[Conknee]

Where or How can I access DCHR Fact Sheet #30 on this website?// Thank you for your reply

[Cranky Tenant]

If the children haven't occupied the apartment in 15 years they are not entitled to the apartment. In order to have succession rights they would have had to live there for the past two years as family members, and it would have to be their primary residence.

However, if their names appear on the lease this could complicate the issue. WHile the husband does have succession rights, if his name doesn't appear on the lease, not only may he have to document his relationship with the primary leaseholder, (his wife) but he may have to prove the children haven't lived there.

[HardKnocks]

Cranky: if the kids were underage (apparently they were) at the time the lease was signed, do they really have any claim at all to anything?? If they do, that blows my mind. I had no idea children could be considered legal signatories to anything. Wow.

[KSMITH]

I have had leases where I have had to list the names of my children just so that the landlord or the financial group,that may have been supplimenting my rent, knew how many people were in the residence and I was not commiting fraud. This did not give the names listed the financial responsibility or possesion rights. These children who are moved out with homes and families of their own did not sign the lease. Their mother signed the lease and is legally and financialy bound to her husband. I'm sure if the husband will be more than willing to provide evidence that the apt. has not been the childrens primary residence for some time.I don't see how these children can force you to evict the father so they might have the apt.

[Cranky Tenant]

Originally posted by Bleary-eyed tenant:
Cranky: if the kids were underage (apparently they were) at the time the lease was signed, do they really have any claim at all to anything?? If they do, that blows my mind. I had no idea children could be considered legal signatories to anything. Wow.

Having the children's names on the lease doesn't automatically make them "signatories," As KSMITH said, some LLs require tenants to list everyone who lives in the apartment as occupants, even though the lease may only be signed by the primary tenant.

Of course this works both ways. The LL can try to limit occupancy to those who are listed as occupants on the lease, but it also opens the door to succesion rights if the primary tenant leaves or dies.