Inheriting Tenants - One name on lease question?

5 Replies

I've searched about this but can't find it, thanks for any help: I'm about to close on a duplex, one side is currently rented, the other side I will occupy. The lease only has 1 name signed but I know there are at least 2 people living there from my walk-throughs. Also, the name and phone number my agent gave me to get in contact with them about rent/etc is not the name on the lease.

Should I care who pays rent? Does it need to be the person on the lease or as long as its paid I'm fine and then if it's not paid I "go after" the person on the lease?

Going forward, what do most of you do as far as roommates living together and leases? Multiple separate leases, one lease that all of them sign or how it is with one name on it and they can have roommates?

Thanks for help! I'm so thankful for this website.

Try to get an estoppel from them, during which you'll find out what's going on.

They have no right to be there unless something is stipulated in the lease, but this may turn challenging.

The lease states they can have 3 people in there so they're not doing anything wrong. I'm just wondering what my obligations are as far as collecting the payment.

You need to have them sign a new lease that your lawyer has written with the stipulations that you require in your instance. Never rely on someone else's lease. You and your lawyer decide on number of residents, roommates, etc.

Do it before you close or you may be stuck with the existing lease.

Eddie

Ryan,

For now you need to work within the confines of your existing lease.  I would try to sort out who is who and try to get the rent to come from the person on the lease.  By you accepting rent from others, it is putting more credence to them claiming to be tenants.  

We have two categories of occupants -people on the rental agreement/lease and authorized occupants.  Authorized occupants are nice if they have no financial stability and may move out sooner than the end of the contract.  Getting all people on the lease is to the landlords advantage if the additional people have finances that would allow you to have more people financially responsible, but does make serving notices and evictions more complicated.  Regardless of type, all people living in our units need to be pre-approved, fill out an application (shortened for occupants), get a photo of their drivers license, and have a criminal background check.

Think about what you want when the current lease is up, and figure out how much you can require now to have in your records.