Investor · Jefferson City, MO · Member since 2013 · 309 posts · 100 votes
I have a tenant who is moving from out of state and would like to rent my 3 BR single family home. The prospective tenant is moving with her daughter, her significant other as well as with her brother who is just over 18. I ran a screening on all of the adults including the brother. The tenant (at her brother's request) is wanting to leave the brother off of the lease. What is the general consensus about this and the pros and cons?
Investor · Vancouver, WA · Member since 2013 · 3k+ posts · 4k+ votes
9y
If the brother is over the age of 18 and will be occupying the property, he should be made a party to the lease, as jointly and severally liable. It will be in his favor to be on the contract, as it will help him establish rental history.
He will be able to assume all rights of tenancy once he establishes residency. If at a future time he wants to move out and be removed from the lease, you can make an addendum that can easily remove him. That way he can avoid being held accountable for something the other residents do after he is long gone.
Phoenix, AZ · Member since 2015 · 82 posts · 49 votes
9y
I have always read you always have anyone over the age of 18 on the lease. It's a legal contract that protects you in case everyone but the one person who didn't sign stays. You don't want the person that stays to be the one you left off the lease. It also holds everyone residing at the property legally obligated to the terms of the lease. I don't see any benefit to leaving them off.
Investor · Vancouver, WA · Member since 2013 · 3k+ posts · 4k+ votes
9y
If the brother is over the age of 18 and will be occupying the property, he should be made a party to the lease, as jointly and severally liable. It will be in his favor to be on the contract, as it will help him establish rental history.
He will be able to assume all rights of tenancy once he establishes residency. If at a future time he wants to move out and be removed from the lease, you can make an addendum that can easily remove him. That way he can avoid being held accountable for something the other residents do after he is long gone.
Real Estate Broker · Northeast PA · Member since 2017 · 2k+ posts · 2k+ votes
6y
One other thought; of course anyone 18 or older should be on the lease. The lease should also address the jointly and severally clause--meaning that each tenant is just as responsible for ALL the rent as any other tenant.
That will eliminate the often-heard excuse "they moved out, so I'm paying my share--not theirs!"