When does a boyfriend or girlfriend become a tenant?

Question

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 no pets. 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 the premises are to be used as a private residence for Tenant(s) listed in Clause 1. He is obviously not on that list.

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

Answer 1

When does he need to be on the lease

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

When should he start paying rent?

Ditto

Is there anything I can do to prevent him from living here?

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.

Should he be able to come and go as he pleases without her?

Legally, if she has given him permission then that's fine.

Is there anything that I can add to a lease to avoid this in the future?

Provisions about houseguests.

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.