When does a boyfriend or girlfriend become a tenant?
<p>My roommate's boyfriend spends more nights here at our shared apartment than I do. His dog is here full time in violation of the lease that says <code>no pets</code>. He has the key code and comes and goes as he pleases to my dismay even when she is not home. Our lease states that <code>the premises are to be used as a private residence for Tenant(s) listed in Clause 1</code>. He is obviously not on that list. </p>

<ul>
<li>When does he need to be on the lease?</li>
<li>When should he start paying rent?</li>
<li>Is there anything I can do to prevent him from living here?</li>
<li>Should he be able to come and go as he pleases without her?</li>
<li>Is there anything that I can add to a lease to avoid this in the future?</li>
</ul>

<blockquote>
  <p>When does he need to be on the lease</p>
</blockquote>

<p>When he becomes a tenant instead of a guest, always assuming that the landlord is willing to have him as a tenant.</p>

<blockquote>
  <p>When should he start paying rent?</p>
</blockquote>

<p>Ditto</p>

<blockquote>
  <p>Is there anything I can do to prevent him from living here?</p>
</blockquote>

<p>Unless the lease or the body corporate places limitations on houseguests, no. Your co-tenant is entitled to quiet enjoyment of her rights as a resident: normally these would include the right to have houseguests. Of course, she must not infringe your rights to quiet enjoyment.</p>

<blockquote>
  <p>Should he be able to come and go as he pleases without her?</p>
</blockquote>

<p>Legally, if she has given him permission then that's fine.</p>

<blockquote>
  <p>Is there anything that I can add to a lease to avoid this in the future?</p>
</blockquote>

<p>Provisions about houseguests.</p>

<p>What you have right now is a social problem, not a legal one. Social problems are best sorted out by talking to one another. Come to think of it: so a legal problems.</p>

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