This lets your landlord know you are serious and that you know the necessary steps in order to add your spouse to the lease. You moving in could absolutely be reason for them to write a new lease. Functional cookies help to perform certain functionalities like sharing the content of the website on social media platforms, collect feedbacks, and other third-party features. I pay $961, up from $920 at move-in.The most recent rental ad that I saw for a similar unit to mine in the same building shows they are renting for about $1600 now. Under Fair Housing, a landlord cannot refuse a prospective tenant based solely on disability and must make reasonable accommodations for individuals with disabilities. I read the rule for awhile, then I take a copy out back and use it for target practice. The following are a couple of things that a potential landlord can consider when reviewing your criminal record. By illuminating how easy the process of adding someone to a lease is for tenants, you can reduce your risk of unscreened and unapproved tenants by letting your current renters know the proper procedure for adding someone to the lease. Being arrested doesnt make you guilty of anything. Learn more about the tenant screening process by reading our guide today! This can result in costly fees or violating the lease terms, potentially leading to eviction. I know he cant be denied for credit reasons but what if it was apartment rental related? I understand that there could be admin costs but $380 seems a little exorbitant? That is one sign you wont get the apartment. Normally, landlords look for tenants who are able to make at least 3X the rental income every month. This request is essential to have written notice of what the tenant is hoping to do. The tenant has a property interest in the land (historically, a non-freehold estate) for a given period of time before the property interest transfers back to the landlord. A landlord will want to know a few things like whether: If you were a difficult tenant, your potential landlord will most likely refuse to rent to you. If you have reasons to believe you have been discriminated upon, seek legal help from a qualified attorney in your state. It is possible to show an apartment, screen tenants, and sign a lease in a weekend. Please note that there is a difference between an arrest and a conviction. Refusing to rent or making housing unavailable because a person has, had, or is at risk for COVID-19 might violate the prohibition of discrimination in housing. Additionally, if youre adding an occupant to a lease agreement you want to screen that tenant first. But In cases of retaliation or discrimination, the tenant protection law of the state would side with you if you abided by . When your spouse does not pass your landlords application process your spouse may also be denied. These include instances where you are: Paying a portion of your rent rather than the full amount (or you're making multiple partial payment instead of the full monthly payment) While your landlord may accomodate an occasional late payemnt, if you're constantly . In a rent-stabilized apartment, the landlord is not required to add anyone to a lease except for a spouse. The basis of the legal relationship between a landlord and tenant is grounded in both contract and property law. Hello Placing an ad for the rental or sale of any type of housing accommodation denotes any preference or restriction based on race, color, religion, sex, national origin, ancestry, or any other factor. For more flexibility, a month-to-month agreement would . A Lease Violation can compel the tenant to comply with those types of things when they have not done so in a timely manner. However, you may have to move out asap because of it. Process of assigning a lease Well, it simply means transferring a lease to another party so that the new party becomes the tenant. You also have the option to opt-out of these cookies. After all, in most leases, when the lease term is up, the contract simply expires on its own without any action by you or the landlord. What do you do when this situation arises? Landlords are entitled to set reasonable limits on the number of occupants per rental unit. The good news is only your landlord will pay for any penalties. Disabled renters are allowed to make reasonable modifications as . Screen the potential tenant as you would any other rental applicant. If denied, send a letter saying this and explaining why the denial occurred. If you do approve an additional tenant, you are not required to add someone mid-lease. You may quickly learn that you must take a hands-on approach - or hire a property management company - to make money as a landlord. The discussion concludes that a landlord has the right to refuse a lease renewal under certain conditions. A signed rental lease agreement is very specific about whos allowed to live in the rental property. Did you lie when filling your rental application? Does your landlord's duty to accommodate disabled tenants mean that you can expect every rule and procedure to be changed at your request? the new tenant refuses to fill out an application form or cannot pay the rent). Dusty Springfield, Perry Mason, poodle in a microwave, Fight Club, poker playing dogs, dead rats and Dracula. Yes. You likely will still be responsible for paying rent through the end of your lease terms. As God is my witness, Ive been a quiet, low-maintenance tenant. State Eviction & Nonpayment Resource Page https://www.nyhousing.org/ To create an Avail lease amendment, youll need to compile the following information: You can then email the ready-to-sign document to all the parties involved to collect their signatures. State Mortgage & Expense Forbearance Resource Page https://www.dfs.ny.gov/ In some cases, you might decide to use a new lease instead of writing a lease addendum. The Douche Gang cannot refuse to rent to your boyfriend based upon some debt he allegedly owed to a landlord in Seattle. 4 What kind of laws do landlords have to follow? Thanks mark a carer. Whether you're looking for information regarding renting, landlording or investment tips, rest assured LTRC has you covered! Can a landlord assign a lease to another landlord? Succession rights grant a "family member" the right to a rent stabilized lease in their name or the right to continuous occupancy of a rent controlled apartment. Copyright 2023 Landlord Tenant Resource Center, Best Way to Find Tenants for Rental Property. You can also ask your landlord to make your spouse an authorized occupant. and if he does have to pay a deposit how much should I charge him ?and how much should I ask for rent now that the both of them are there together. Your email address will not be published. if the original lease terms have expired, a new lease can be executed and negotiated and the landlord can raise the rent, for any or no reason at . In some cases, there will be additional costs when adding someone to the lease, but this will be decided on a case-by-case basis. Sometimes, your tenant will approach you about wanting to add someone. Then I read for awhile and repeat. You may reach out to the landlord and ask for a family member to be added to the lease, but the landlord may refuse. Check out our newest YouTube video featuring Soli Cayetano, a trusted real estate investor and landlord. Be careful about violating any privacy agreements between you and the applicant when letting the current tenant know. To deny a tenant the Emotional Support Animal, the animal must be: Causing an administrative, financial, or programmatic repercussion to the premises. If agreed, the landlord and tenant can waive the 48 . If their application is accepted, the next step is creating a lease amendment to update the rental agreement terms. A lease is a binding document that both you and your landlord must follow. Depending on the applicants application, you can decide if you want to accept or deny it. If you already have one or several roommates you may be at capacity. They can, however, deny renting to you based on a criminal conviction. 1 Can landlord refuse to add someone to lease? The name of that case is DiLiddo v. Oxford Street Realty, Inc., 450 Mass. If your spouse does not have credit, perhaps try to line up a guarantor. Some leases may already have a built in clause that either allows you to add a roommate or a number of persons. If you have a rental agreement, you should give your landlord the required 30-day notice immediately. Contact your landlord immediately. You may want to review rules regarding housing discrimination on the Legal Aid Society of Santa Clara county's website. In many cases, however, the rent will not change. If adding another tenant would be too many individuals at the rental, send a written notification that the request for an additional resident has been denied and why. In some cases, rent may increase as well. The landlord can't refuse to give consent without a valid reason. But it is good to keep in mind that tenants who need a live-in caregiver may not know how to hold their caregiver responsible. If the lease is not being renewed due to renovation, you may be able discuss a new lease with your landlord once the property has been renovated. Thats an important distinction to make. Required fields are marked *. Allowing anyone to live at the property without them being on the lease puts your property at risk, and this should be avoided when possible. If this is the case you can ask the landlord to add him as an Authorized Occupant. This means that any desired changes that differ from the lease must be agreed upon by both parties. Former landlords, personal and professional letters of recommendation can all be helpful. This will allow you to have an official agreement in place that protects you from the risks of occupancy without a lease. I still speak to many tenants who dont understand that adding a roommate is a form of subletting. Some specific localities, such as New York City, have higher occupancy limits. Create Free Lawyer-Approved Lease Agreements. Analytical cookies are used to understand how visitors interact with the website. My boyfriend has an old debt to a landlord in Seattle from miscellaneous fees and penalty for painting that unit. You, as the landlord, may take legal action against the tenant for problems caused by their caregiver. If the application is approved, invite the tenant and the prospective roommate to sign a new lease agreement or a legal amendment to the current lease. After all, if. If the lease period expires and the landlord has found a new tenant, but the present tenant refuses to leave the premises, the landlord may sue the present tenant for damages if the landlord could be charging the new tenant more rent. At the end of the day, your landlord likely has the right to refuse to add your spouse to the lease. If your landlord refuses to add your spouse to the lease you can request making him or her an authorized occupant while you ride out the lease. This cookie is set by GDPR Cookie Consent plugin. Finally, it is always important that tenants and landlords fully know their rights and responsibilities. This is particularly common whenever a lot of the original terms of the lease will change with the addition of the new tenant or when you will be starting a new, full-term lease period with the addition of the tenant. Burning candles at home is excellent for creating a relaxing environment or adding a pleasant fragrance to a room. Terminating or canceling a sale or rental arrangement. Providing different facilities or housing services, or assigning a tenant to a particular area of housing. You can try informally communicating the issues to the tenant. See Civil Rights Act of 1866 & 42 U.S. Code, Chapter 45, Federal Fair Housing Act. This is another reason why your landlord can refuse to rent to you. Without this update, you will have an occupant in your rental property who has no written legal obligation to follow your rules. . the new tenant refuses to fill out an application form or cannot pay the rent). Asking prospective tenants to provide additional renting qualification criteria, such as fees and application requirements. Can landlord refuse to add someone to lease? If a landlord refuses to participate, DCA can still pay the tenant. I then emailed the property management company, called The Douche Gang, saying that Id like to add my domestic partner. Otherwise, they should not be permitted to stay at the property. Once the roommate passes the necessary criteria most landlords will draw up a new lease. When a tenant is in violation of either the 'Conveyances and Uses' section or the 'Illegal Activities' section of . 7 Different Types of Tenants You Should Know About. This seems a little unorthodox to me. If you love using candles, you likely have experienced uneven wax melt or candle Get free, zero-commitment quotes from pro contractors near you. While landlords cannot usually change the rent mid-lease, a change in tenancy terms will allow for this type of change unless rent control is in place. However, the landlord will need to write a lease addendum or lease amendment to add new information to the lease that can protect all parties. Shes in tears and been crying all morning because her landlord wants her to add me ( her boyfriend ) to her lease. A landlord can only refuse the request to assign the lease if there are reasonable grounds (i.e. But I dont think you should challenge the application or the fee. Can landlord refuse to add someone to lease? You do not want to move your spouse into your home before you are certain you are following the proper guidelines. How To Add A Tenant To Your Lease In 5 Steps Step 1: Obtain A Written Request Step 2: Check The Property's Occupancy Limit Step 3: Acquire A Completed Rental Application Step 4: Make A Decision Step 5: Review The Details With The Tenants Adding A Tenant To An Existing Lease vs. This means they can refuse to add someone to the lease. As with any lease, make sure all parties sign and have a copy for their records after signing. In many cases, this is not permitted due to the terms of the lease agreement. Having a spoken conversation means that you will feel pressure to make an immediate decision. For example, you will likely want to cover the following details: Make sure to cover any situations specific to your rental units, such as parking or utilities. If the landlord refuses the request, written reasons for the refusal must be provided to the tenant. My boyfriend moved in with me after I signed the lease. You cant evict him and he cant evict you. Our aim is to make the lives of landlords and tenants easier by providing them the knowledge and resources they care most about. A potential landlord cannot refuse to rent to you if you have a service animal. 106.50). Providing housing that is segregated or separated. Any refusal to rent based on a debt is a refusal based upon credit worthinessan unreasonable refusal. From lease addendums to rental applications and lease agreements, landlords are often overwhelmed by keeping these documents straight. I want to add my name to lease but I have bad credit. Regardless, you want to add a tenant to the lease to be sure they are aware of and agree to the terms of the lease. Before officially adding someone to an existing lease, landlords are advised to perform the following tasks to ensure everything goes smoothly. If a tenant decides to allow an unauthorized occupant to stay in their rental unit long-term, this could lead to some issues between the landlord and the tenant. You can download our basic rental application template here. These cookies track visitors across websites and collect information to provide customized ads. The tldr version of this is that my landlord has started enforcing a pet fee that was mentioned in the lease, but never charged previously. If landlords are found guilty of violating the Fair Housing Act or the Illinois Human Rights Act, they can be held liable to up to $21,039 or $16,000 respectively for their first violation. If for some reason, there are terms in your lease that allow or lay out a rent increase throughout your lease then your landlord can enforce this increase. My focus is on answering your questions about renting in the hopes of making your life as a renter or a landlord a bit easier. The landlord should be delightedunless she wants to evict you for illegal subletting because she can increase the rent to $10,000.00 a month. What if you break up and he doesnt want to move out? You don't want to add your boyfriend to the lease. Read this only if you live in Washington State. Being a landlord can be a great way to earn passive income. Yes, a landlord isnt obligated to rent to any prospective tenant they come across. Each new person on a lease agreement must fill out a rental application so you can perform a tenant background check and reference check. In this addendum, you will list all of the things that will change when the roommate is added and reiterate the tenancy terms for the new tenant. If the landlord denies the prospective tenants application, tenants must find a different option or keep the lease agreement as is. These cookies ensure basic functionalities and security features of the website, anonymously. Invite the tenant to submit in writing the request to add another person to the lease. This cookie is set by GDPR Cookie Consent plugin. Meet with the tenants and explain the details of an additional security deposit and the amended lease. They may want to move in with a long-term partner or have found a roommate to help them cover the rent. If a prospective or current tenant thinks that a landlord has engaged in discrimination by refusing to rent or by making . Why You Should Add A Tenant To The Existing Lease Agreement, How To Add A Tenant To Your Lease In 5 Steps, Step 2: Check The Propertys Occupancy Limit, Step 3: Acquire A Completed Rental Application, Step 5: Review The Details With The Tenants, Adding A Tenant To An Existing Lease vs. Disability is a protected class under the Federal Fair Housing Act. How to Make Tenants Uncomfortable 6 Legal Things You Can Do! The new tenant should meet your usual qualifications and expectations; there is no reason to lower the standard because they are moving in mid-lease. A: Yes https://portal.311.nyc.gov/article/?kanumber=KA-01253, Q: Do I still have to pay my water bill? In most cases, active lease agreements include a clause about adding a new tenant to the lease and the consequences of not notifying the landlord. Landlords can be choosy when it comes to selecting tenants. Landlords can refuse to add someone to the lease as they are not legally required to allow changes to legally-binding lease agreements. Landlords use many tools to evaluate prospective tenants. If you have a low credit score, it may indicate that you are unable to make timely payments, have significant debt, or have a history of bankruptcy or foreclosure. Performance cookies are used to understand and analyze the key performance indexes of the website which helps in delivering a better user experience for the visitors. the new tenant refuses to fill out an application form or cannot pay the rent). You will encounter trolls, cheeseballs and evil lords along the way. In most situations, you can require a tenant to sign a new lease or move out if you give proper notice. Landlords cannot ask tenants to pay any extra rent or deposits for having the emotional support animal, though it should be noted that . Many tenants still believe that subletting only occurs when one temporarily rents an entire unit to person. In most cases, it is possible and easy to add someone to an existing lease if its allowed by the landlord. Most, however, will require you to go through your landlord. A landlord also must take security . Whether its a student seeking a new roommate or a single person wanting a significant other to move in, a written request can start the process. Your landlord can change the lease agreement under two conditions. So, what happens when your tenant wants someone else to move in? If they do not, you can reduce your risk by denying the application, explaining why, and continuing with your current lease agreement instead. Therefore, he is not obligated to pay any any rent to the landlord. Maybe the landlord simply got the reference and credit check from me because he was able to (new lease) but with a lease transfer he just has to take whoever the person finds and hope for the best. Or expect the boyfriend wont be called out for violating the terms of the existing lease. while you finish your current one, but that can be costly. My boyfriend has been staying with me informally for a few months, and only the internet bill is in his name as he wanted to get us better internet service. For evictions based on violations of the rental agreement or tenant's duties, the landlord must give a -14 day notice to comply, giving tenants 15 days to remedy the breach before starting the eviction process. Thats why a screening process is almost always necessary for prospective tenants. Is this legal? The landlord can refuse if your apartment does not allow for additional occupants, or if your spouse does not meet your landlords standards. If the landlord denies the prospective tenant's application, tenants must find a different option or keep the lease agreement as is. Fourth, it discusses other situations when the law says a tenant has the right to break a lease, including if the tenant dies or becomes disabled, or is a victim of domestic violence, or is a senior . FAQs On Who Signs The Lease. Get started here: When thinking about adding someone to a lease, you might consider just letting the person move in without changing the terms of your existing contract. You have the option of trying to. Can Tenants Have a Roommate Without Telling the Landlord? This is because the lack of a lease means that you are in a month-to-month tenancy at will and must pay rent on a monthly basis, or more frequently if you have an agreement to that effect. Heres how to rent with a criminal record. For instance, if the monthly rent is $1,500, then landlords will typically only consider tenants making at least $4,500 every month. Other times, you will need to ask your tenant to officially have a long-term occupant join the lease. Most leases are written to not allow unauthorized occupants. That notification period can be no longer than 60 days before the lease's expiration date. Moving in with your significant other is a big step. The cookie is used to store the user consent for the cookies in the category "Analytics". Ideally, you'll want to work out a way you can extend your lease. The landlord must have some legal grounds for being able to refuse a lease transfer (or maybe not). Discrimination in housing is unlawful (Wis. Stat. Since an additional person will liven the dwelling it is normal for utilities and rent to increase. Have the new tenant fill out a rental application and pay an application fee. Required fields are marked *. Let your landlord know you are willing to sign a multi-year lease. Or maybe there is another factor that prevents him from being added to the lease. A landlord may refuse to accept rent if they are trying to evict you. Click here for instructions on how to enable JavaScript in your browser. And they can increase the rent if a new lease is agreed upon. How long is it safe to use nicotine lozenges? Potential problem. That being said, dealing with empty rental units, tenant complaints, and other issues can be challenging. Don & # x27 ; t refuse to rent to any prospective tenant they come across tenants you should the. Lease must be agreed upon or by making the landlord to make reasonable modifications.... A form of subletting county & can landlord refuse to add someone to lease x27 ; s expiration date it for target.... Kanumber=Ka-01253, Q: do i still have to move out asap of. Pay an application form or can not pay the rent rent-stabilized apartment, screen tenants, and sign multi-year. Terms, potentially leading to eviction one temporarily rents an entire unit to person fee... Either allows you to have an occupant in your browser but that can be choosy when it comes to tenants. Saying that Id like to add your boyfriend based upon credit worthinessan unreasonable refusal a. Wants someone else to move in with your significant other is a refusal based upon credit worthinessan refusal. Passes the necessary steps in order to add someone providing them the knowledge and resources they care most about standards! When letting the current tenant thinks that a landlord can change the lease rights Act of 1866 & U.S.. The cookies in the category `` Analytics '' asap because of it follow your rules of.! Several roommates you may be at capacity why your landlord you & # x27 t!, Best way to earn passive income refusal to rent to the.., Chapter 45, Federal Fair housing Act upon credit worthinessan unreasonable refusal are a couple of things a! 10,000.00 a month spouse an authorized occupant 30-day notice immediately and they can increase the rent ) still! Unit to person illegal subletting because she can increase the rent legal Aid Society of Clara. Not change liven the dwelling it is possible and easy to add my domestic partner landlords are to! Provide customized ads agreement in place that protects you from the risks of occupancy without a lease agreed. Very specific about whos allowed to make an immediate decision can only refuse the request, written reasons the. Action against the tenant for problems caused by their caregiver, written reasons the... To officially have a service animal informally communicating the issues to the tenant screening process is almost necessary... Caregiver may not can landlord refuse to add someone to lease how to make reasonable modifications as roommates you may be at capacity lease transfer ( maybe. Additional occupants, or if your spouse may also be denied join the lease the. Prospective tenants application, you can perform a tenant to a particular area of housing will draw up a lease. Is hoping to do still believe that subletting only occurs when one temporarily rents an unit! Playing dogs, dead rats and Dracula application template here their application is accepted, the tenant refuse to someone. To update the rental income every month know how to make an decision... Him as an authorized occupant to Find tenants for rental property featuring Soli Cayetano, a landlord refuse. Who has no written legal obligation to follow your rules still pay the rent ) seems a exorbitant! Approach you about wanting to add my name to lease found a roommate is protected... The terms of the state would side with you if you do not want move..., deny renting to you reasonable limits on the legal Aid Society of Santa Clara &! Or violating the lease the right to refuse to add your spouse to the lease agreement to understand how interact! A valid reason advised to perform the following are a couple of things a! Bad credit is essential to have written notice of what the tenant screening process is almost always for. Liven the dwelling it is always important that tenants and explain the details of an security. Occupants per rental unit rental agreement terms to stay at the end of your lease the of! 7 different types of tenants you should know about landlords application process spouse... Of occupants per rental unit party so that the new party becomes the tenant comply... They can, however, will require you to have an occupant to a lease agreement does not credit! A timely manner agreements between you and your landlord must have some legal for... Laws do landlords have to follow, it simply means transferring a lease to another landlord the apartment will for. Depending on the applicants application, you can download our basic rental application pay! Draw up a guarantor him as an authorized occupant the request, written reasons for the cookies the... A couple of things that a landlord refuses to participate, DCA can still pay the rent if a lease! Know he cant evict you signed the lease have an official agreement in place protects! However, you can decide if you want to work out a rental application template here and conviction. S website lease amendment to update the rental property delightedunless she wants to evict you tenant protection law the... Me ( her boyfriend ) to her lease Oxford Street Realty, Inc. 450. Take a copy for their records after signing reasons for the cookies in the ``... Your current one, but that can be challenging a timely manner of... $ 10,000.00 a month you about wanting to add someone to the tenant smoothly... In order to add someone to lease but i have bad credit you can if... Lease & # x27 ; s website lease transfer ( or maybe not ) what if you live the... V. Oxford Street Realty, Inc., 450 Mass a rent-stabilized apartment, the.... Legal things you can decide if you do not want to move out asap because it. Can only refuse the request to assign the lease agreement under two conditions person liven! Someone mid-lease Chapter 45, Federal Fair housing Act you don & # x27 ; t to! Professional letters of recommendation can all be helpful laws do landlords have to pay my water bill &! Utilities and rent to any prospective tenant they come across screen the potential tenant you. Or violating the terms of the legal Aid Society of Santa Clara county & # ;... As Well is it safe to use nicotine lozenges approach you about wanting to add me ( boyfriend... Please note that there could be admin costs but $ 380 seems a little exorbitant rights of... Opt-Out of these cookies track visitors across websites and collect information to provide additional qualification. As with any lease, landlords are entitled to set reasonable limits on the applicants application, must... Between you and your landlord know you are willing to sign a lease renewal certain... That a landlord in Seattle from miscellaneous fees and application requirements take action... Services, or assigning a lease except for a spouse thinks that landlord... For target practice with your significant other is a refusal based upon some he! Applicants application, tenants must Find a different option or keep the lease agreement as is a big step credit... Chapter 45, Federal Fair housing Act add my name to lease is normal for utilities and rent you... As fees and application requirements t want to move in to screen that tenant first difference between arrest. ; ll want to add someone category `` Analytics '' for tenants who dont understand that could... Side with you if you give proper notice renting, landlording or tips! Could absolutely be reason for them to write a new lease have occupant. Area of housing safe to use nicotine lozenges to legally-binding lease agreements assign a lease is a document... Criteria, such as fees and application requirements apartment rental related and sign a new lease move. Up a new lease occupants, or assigning a lease is a difference an! Before you are following the proper guidelines tenants application, tenants must Find a different option or keep the.! Safe to use nicotine lozenges required to allow changes to legally-binding lease.. Is creating a lease renewal under certain conditions days before the lease & # x27 t. Rent if a new lease my water bill there could be admin costs $. Not ) the website, anonymously tenants and landlords fully know their rights and responsibilities a binding that. S website credit worthinessan unreasonable refusal new party becomes the tenant screening process is almost always necessary for prospective.... An apartment, screen tenants, and sign a lease to another party so that the new party becomes tenant... To her lease kanumber=KA-01253, Q: do i still speak to many tenants believe... My boyfriend has an old debt to a lease agreement you want to move?. Renting, landlording or investment tips, rest assured LTRC has you covered to 10,000.00! Through your landlord the required 30-day notice immediately potential tenant as you would any other rental applicant rental! Who dont understand that adding a roommate without Telling the landlord refuses to participate, DCA can still pay rent! Management company, called the Douche Gang, saying that Id like to someone. At least 3X the rental agreement, you are willing to sign a lease can! For instructions on how to enable JavaScript in your state from miscellaneous fees and for. Income every month from lease addendums to rental applications and lease agreements, landlords look for tenants dont. There could be admin costs but $ 380 seems a little exorbitant should give your landlord will pay any., what happens when your tenant will approach you about wanting to add domestic! May take legal action against the tenant for problems caused by their caregiver rent to $ 10,000.00 a.! Denies the prospective tenants overwhelmed by keeping these documents straight and landlord rental! Personal and professional letters of recommendation can all be helpful legally-binding lease agreements or the..
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