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I live in an apartment an has been asked to move to a different unit due to income status...?

Update:

I live in an apartment with my daughter, and initially was asked not to use her income and to add a child to the lease...now, the third year, they are now using her income and I've been asked to move to a different unit due to being over the income limit...I'm also asked to pay another deposit...can they do this or should I call corporate, being they've know that it's always been the both of us...she was initially added as an occupant...

7 Answers

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  • ?
    Lv 6
    6 years ago
    Favorite Answer

    If you're being asked to renew your lease because the old one is expired/about to expire, they can change the terms to whatever they like. At the end of the day you have to either accept the new terms or give notice that you won't be renewing and leave. If your daughter is over 18 she would need to be added as an adult tenant, and if she is working/supporting herself then it's only right that her income be included as she is no longer your dependent. It doesn't matter that they've always known the two of you live there... your daughter has gotten older in that time and therefore your status has changed.

    EDIT: I concur that it sounds like they've been caught skirting the rules and helping you hide income that should have been counted, and are now being required to comply. The good news is that you don't HAVE to sign a new lease, you can leave, and if you don't qualify when both incomes are counted you may be more able to afford something outside of low income housing than you think. That will open up far more possibilities for where you could live in addition to opening up a low income apartment for a family that does qualify and therefore needs it more.

  • Anonymous
    6 years ago

    YES. Her income should have been counted from day 1. In low income housing every penny of income from all sources for the entire household must be reported. You have been committing welfare fraud by not counting her income. The manager who allowed that should be fired. They have every right to require you be in compliance.

    "my daughter was working and was age 19 when we moved in...her stubs were submitted, but were not used due to being over the income requirement...they placed her as an occupant and added a niece." That never should have been allowed. You had a manger that was breaking the law.

    You move to the new unit or you move to another complex entirely. You are lucky they are offering you a new unit at all. IN my area when you are over income you are not given that option. These places have income restrictions for a reason and if they are not strictly adhered to the complex can get a huge fine. These are government required restrictions & the complex has no control over them.

    Calling corporate will not do you any good. They are probably the ones ordering the manager to make you be in compliance. If its the same manager that broke the law for you in the 1st place then sounds like she got caught & is being forced to fix her illegal activity.

    Source(s): I manage low income housing.
  • Judy
    Lv 7
    6 years ago

    Yes they can if it's a subsidized apartment and you don't qualify, or if the lease is up. How old is your daughter? Did she have income when you moved in?

  • ?
    Lv 7
    6 years ago

    They may have another Manager who is abiding by the rules. You have to pay a higher deposit and move to another apartment, in accordance with their rules. Or move out. If your status changed mid-lease you are no longer abiding by the lease and have to leave. They are being generous allowing you to change apartments rather than evict.

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  • 6 years ago

    How old was your daughter when you moved in and how old is she now?

    - If she was under 18 (or potentially 21) when you moved in, she is 3 years older and very much an adult. Her income would count..

  • 6 years ago

    Yes, they can do that. Criteria for renting increases every year, just like rental increases, salary raises and inflation. Any new place you go into will require a new deposit. You will get some of your old one back, less cleaning and any damages. If you refuse to move, expect to be evicted.

    Source(s): Certified Paralegal, with 25+ years' experience & with Landlord & Tenant law experience.
  • Nathan
    Lv 4
    6 years ago

    They can't simply change the terms of the lease in the middle of the lease. If you have already signed a new lease, they will need to wait until it expires to change its terms. Also, why would her income status change anything?

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