Renting to a boyfriend/girlfriend...how to write the lease

Renting to a boyfriend/girlfriend...how to write the lease

Fredericksburg, VA · Member since 2015 · 5 posts · 2 votes

Hi all,

I am renting a house next month to a current tenant at a different property who wants a bigger place and also wants to move in together with her boyfriend. Both currently have their own places and each have a child that would be moving in with them. I was originally going to write the lease between myself and each adult roommate (my current tenant and her boyfriend). After looking over the applications, I realized that my current tenant qualifies for the property on her own where as her boyfriend does not. My thinking is to put her name on the lease as the exclusive Lessee and her boyfriend as an approved occupant along with the names of the two children. 

I prefer to just have one responsible party in the case of a future breakup. This makes it clearer who the responsible party is for the terms of the lease. I understand that the boyfriend is still called out in the lease as an occupant and could have legal grounds to stay but thinking it just makes the financial obligation pretty clear. Maybe having them both responsible gives me more to go after should there be a collection problem in the future. I just feel like having both of them as the responsible party potentially sets me up for one saying I paid my portion and the rest is the other parties obligation.

Please let me know how you all handle roommate leases or non married couples in your leases.

Thanks,

Mike

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Member since 2018 · 2k+ posts · 1k+ votes
4y

@Mike Porter what is the logic of limiting the ability to collect from both parties. Most rental agreements are jointly and severally liability of all adults. I've had some student rentals where there is a cosigner. A quick notice to the tenant and cosigner and voila my payment was received and never late again. They work out how they pay you. Don't take half the rent from the girl and half from the guy. You will accept one check or direct deposit.

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  • Member since 2018 · 2k+ posts · 1k+ votes
    4y

    @Mike Porter what is the logic of limiting the ability to collect from both parties. Most rental agreements are jointly and severally liability of all adults. I've had some student rentals where there is a cosigner. A quick notice to the tenant and cosigner and voila my payment was received and never late again. They work out how they pay you. Don't take half the rent from the girl and half from the guy. You will accept one check or direct deposit.

  • Colleen F.Pro Member
    Investor · Narragansett, RI · Member since 2013 · 8k+ posts · 4k+ votes
    4y

    @Mike Porter you want them jointly and severally liable for the rent.  Who moves out in the case of a breakup is their problem. He would still be a tenant to you with all the associated rights if he is listed as an occupant and is there more then 30 days (even if he isn't listed).

  • Nathan GesnerBusiness Member
    Moderator
    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    4y

    You should always put every adult on the lease, regardless of who's actually paying the rent. What if they break up and the girlfriend wants to leave, but you only put her on the lease? Add them both.

    The DIY Landlord Book4.7247 Reviews
  • Real Estate Broker · Hyde Park Tampa, FL · Member since 2019 · 2k+ posts · 3k+ votes
    4y

    "One is the loneliest number..." The Eagles must have been real estate investors.  Make it a party - put 'em all on the lease...more punch for the buck.

  • Michael MagnoBusiness Member
    Real Estate Agent · Wadsworth, OH · Member since 2017 · 234 posts · 168 votes
    4y

    Put everyone over 18 on the lease.  No reason not to. 

  • Austin, TX · Member since 2019 · 5k+ posts · 5k+ votes
    4y

    Hi Mike,

    If this is a concern for you, you could have it written into the lease as your company's policy for handling situations like this.

    Then everyone is "On the same Page" about it.

    And before committing it to the lease, it would be wise to get some legal a advise on it, especially about avoiding illegal discrimination.

    Good Luck!

  • Fredericksburg, VA · Member since 2015 · 5 posts · 2 votes
    4y

    Thank you all for your responses. Looks like I am in the minority here with my thinking.

    Great community here and a wealth of knowledge.

    much appreciated!

    Mike

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