Adding a Roommate to the Lease
or Rental Agreement
Get
your landlord's approval before a new person moves in.
From
the Nolo.com Landlord and Tenant Center
Whether it's love or you just need to replace a departing
roommate, check with your landlord before letting a new person move in.
Most landlords will insist that the new roommate become a co-tenant, having
the same rights and responsibilities as you do.
Getting
the Landlord's Approval
Obviously,
you want to be sure that your new roommate is financially stable and compatible
with you.
But even
if you are satisfied as to your intended co-tenant's stellar qualifications,
it doesn't mean the landlord will take your word for it. To increase your
chances of getting an official okay, consider these questions before approaching
the landlord:
- Will
adding a roommate exceed the occupancy limit? Landlords are entitled
to set reasonable limits on the number of occupants per rental unit.
- Will
the new roommate meet your landlord's good-tenant criteria? Many
landlords subject prospective tenants to a thorough screening process,
checking credit, employment, rental history and references. Ask your
prospective roommate to request a credit report on himself. If the credit
report is good, you'll want to hand it to the landlord with your proposed
new tenant's application. Since the landlord will almost surely do this
as well, doing it first gives you the opportunity to develop a plausible
explanation for any negative information -- for example, a prior eviction
or bankruptcy.
Unless you
are on fairly close personal terms with your landlord, it's usually a
good idea to write your landlord a note about your desire to add a roommate.
This gives the landlord an unpressured opportunity to think about it.
It is also your chance to sell your proposal by pointing out that your
rental is big enough for another tenant and, assuming you already have
someone lined up, that your new roommate will be a great tenant.
Adding
a Roommate to the Lease or Rental Agreement
If your intended
roommate passes the landlord's credit and background checks, the landlord
will probably ask both of you to sign a new lease or written month-to-month
agreement. From your landlord's point of view, this is far more than a
formality, since it makes the new arrival a co-tenant who is 100% liable
to pay rent and make good on any damage. It's also desirable from your
perspective, because it makes it completely clear that your new roommate
shares the same legal rights and responsibilities as you do.
More Roommates,
More Rent
A landlord
who agrees to an additional co-tenant will probably ask for a rent increase,
on the theory that more residents means more wear and tear. By signing
a new lease or rental agreement, you are in effect starting a new tenancy,
so the landlord can increase rent immediately, rather than give you the
usual 30 days' notice (for a month-to-month rental agreement) or wait
until the lease ends.
Unless your
rental unit is covered by rent control -- or if the landlord is using
a big rent increase as a not-so-subtle way to discriminate against you
for an illegal reason -- your landlord can ask for as much extra money
as the market will bear.
Security
Deposit Increases
The landlord
also has the legal right to change other conditions of your tenancy when
you add a roommate and sign a new agreement. One change that is particularly
likely is an increase in the security deposit. However, this is one area
where the sky is not the limit, because many states limit the amount of
security deposits. Usually the limit is a multiple of the monthly rent.
Keep in mind that if the deposit is already at the maximum, but the landlord
raises the rent for the new occupant, the maximum security deposit goes
up, too.
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provides information and general advice about the law. But laws and procedures
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