Should I add her fiancé to the lease?

7 Replies

 Hello everyone, 

My tenant has been a responsible tenant for 2 years now.  She always paid her rent on time and she is a low-maintenance tenant.  She asked me to add her fiancé to the lease.

What is my best interest?  I never met the bf, not background check done on him.

Should I just keep the lease the way it is and hold her accountable for everything or should I add her bf to the lease?

thank you for your help

You should screen the fiancé just as you would a new tenant, and as long as he passes then go ahead and add him to the lease. If he does not, you don't have to add him to the lease but be aware that he will most likely end up living there anyway. At least having him on the lease means you can hold him accountable.

If you decline to add him to the lease and make an issue out of him living there anyway be prepared to say goodbye to you great tenant. She is of course going to want to live with her fiancé. Your kind of between a rock and a hard place on this one, either accept the boyfriend or lose the tenant. That doesn't mean you should be afraid to say no if you find out he's a sex offender, felon, or has a history of evictions and judgments.

I also agree with Kevin. It's up to you in the end if you add him to the lease, but even if you decide you don't like him, he'll probably be there because obviously they're a couple. Don't hound them. If the place continues to stay nice and rent continues to be paid, you probably have little to worry about.

Thank you for your answers all.

I have no problem having him living with her.  My question was more about my own interest to know if is it better for me as the landlord to have only one person to go after if there is an issue or have them both on the lease.  Once again she is wonderful and I want her to be responsible for the rent, I don't want to get 2 checks...

How should I go with that?

Definitely screen/process him as a new tenant and then add him to the lease should he qualify. Does your lease mention unauthorized occupants?

If he gets approved, I'd put in writing that payment for the unit is to be made with 1 check.

1) Get the application and entice with "it's a condition to the BF moving in".

2) Have BF sign an addendum that "both are legal tenants with equal rights and responsibilities per the Lease Agreement included by reference".

Your benefit is enforcement of the lease, both would be subject to Unlawful Detainer if that became necessary and data for skip tracing

@David Djamb A similar question was recently mentioned on a BP podcast, but I cannot remember which one. They spoke of the requirement to include a tenant in the lease if the person was 18 years or older.

I  recommend you look into what sort of laws apply in your state, and what you can include as a clause in your lease.