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Adding roommates to a lease
Q: I live in a 2-bedroom apartment, but I have no roommate. I would like to know if I can "sub-rent" the apartment to a friend so he doesn't have to write a contract. Of course, I would carry the consequences. Is it illegal to rent a "rented apartment" to another person?
A: It's not illegal, it's just contrary to the terms of most leases, which means you would be breaking the contract. The consequences, in your case, might mean you get evicted.
Most likely, your lease requires that all occupants at least be listed. In addition, it also likely prohibits you from sub-leasing a room without the landlord's permission. If you allow your friend to move in, whether he pays you or not, the landlord can probably evict you for violating the terms of your lease.
Better to be safe than sorry. If you really want a roommate, chances are your landlord won't object. You've already got a record of paying your rent on time (hopefully), so the landlord may not worry about your friend's credit too much. However, the landlord may want your friend to sign the lease. The landlord may want to check your friend's references as well.
Don't jeopardize your rental record. Make sure you get the landlord's authorization whenever you add an occupant. You don't want an eviction on your record for something simple like this.
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Handling a lease when a roommate moves out
Q: One of my three roommates recently broke the one-year lease in the house we are renting. The landlord told us that we have to re-sign a new lease. However, we signed the first lease with the understanding that we would be paying a set rent each month. Now, with one roommate gone, the landlord says that our rent is still the same. She also says our departed roommate is under no obligation to take care of her share of the rent or find another roommate. If the remaining three of us don't sign the new lease, would we be breaking the first lease that we signed? Will this affect the return of our security deposit? Would we be penalized for moving out after our fourth roommate broke the lease?
A: As a technical matter, your departed roommate has broken the lease. As far as the landlord is concerned, it's a "no harm, no foul" situation because the landlord hasn't really lost any tenants yet.
The landlord is wrong, however, that your old roommate is not under any obligation still. Regardless of whether she lives there, your old roommate has all the same obligations the rest of you do under the lease. Because of this, I would not recommend signing a new lease that removes her. You should ask her to continue paying rent until she finds a replacement roommate. You won't be breaking your old lease by refusing to sign a new lease. They don't have anything to do with each other.
The remaining three of you should also continue paying rent. If all of you move out, you will be breaking the lease. You'll be sure to lose your security deposit. And, depending upon the length of the lease, you may owe the landlord more money as well. Your best bet is to find a new roommate as quickly as possible.
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About Phil Rhodes
Phil Rhodes is an experienced commercial credit attorney in Northern California with his own practice, emphasizing bankruptcy, real estate finance, and other consumer and small business credit issues. Phil is also a happy renter, now on his sixth successful landlord-tenant relationship. |
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Disclaimer
Information provided by Phil or Greg should not be construed as real estate or legal advice. State and local laws may vary, so please consult legal counsel in your area with respect to your individual situation.
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