I'm a land lord in salt lake city, Utah and one of my single male tenants wants his little brother to move in. I'm not sure his little brother even has a job or would pass the credit check. I was planning on having the little brother sign the lease but I would have a little ademdum in there stating that his brother is responsible for paying all the rent and that he would be moving out once his brother moves out. I'm I approaching this wisely? Thanks for the advise.
I would process his brother on an application. For the very least, you need all that information.
And if you decide to keep the brother, add him on the lease. He takes part in the responsibility of the place, as well as another name on a judgment if you have to take them to court in the future.
In the event one person gives notice to move in the future, usually that counts for all people on the lease. It terminates the current lease arrangement. If you don’t feel comfortable with the new guy staying without the other, just make them aware at the end, when one gives notice, that it is a termination for all.
I agree with Matthew. Anyone who lives in one of your units should be on a lease. If big brother is a good tenet I wouldn’t sweat little brothers background to much. But both on the lease Incase.
We have done this with college students. The one that is not legally obligated for the costs is listed as an occupant and we still do credit and background checks (as we do with anyone age 18+ that will be living in the until more than 2 weeks). But they are listed as an occupant, not as the legally contracted tenant. Much like a young adult child (live at home college student aged child).
I will be interested to hear someone pipe up with the pros and cons of each way listed here.
@Matthew L. and @Devin Deswert Just to recap so I understand. So you're saying I should cancel the big brother's lease and have them both sign a new lease with both of them on it? Is that right? I like that.
@Heather DeGeorge So you're saying I should just keep the big brother's contract in place and have the little brother moving in sign another contract as an occupant? This seems like the simplest option so the big brother doesn't have to sign another lease.
@Ray Loveless You can do an amendment to the current lease, adding the brother. Here is the language that we use, just type it up on a word document and get everyone to sign on it:
This is an Amendment to the Lease Agreement dated the 2nd day of October, 2017 between ____________ and the Residents listed below (list all residents):
The purpose of this Amendment is to (check one or both)
Add a New Resident / Roommate
Delete an Existing Resident / Roommate
New Resident: (“new resident”) may move into the premise as a resident under the Lease Agreement.
Departing Resident: N/A (“departing resident”) is released from further liability under the Lease Agreement term or any previous Lease Agreement term according to the move-in inspection form signed by the original residents. Security deposit deductions, if any, will be made regardless of whether the damages or charges occurred before or after the changeover date and regardless which resident, occupant, or guest may have been at fault.
Signatures on Lease Agreement and Addendums Unnecessary: When this Amendment becomes effective, new resident’s name and signature will be deemed as inserted as a resident on the Lease Agreement and all addendums. Therefore, it will not be necessary for anyone to sign or initial the Lease Agreement itself or any addendums.
Binding Agreement: New resident acknowledges that he has received a copy of the Lease Agreement and all addendums. New resident agrees to be bound by the Lease Agreement and all addendums just as if he signed the Lease Agreement and all addendums at the beginning of the Lease Agreement term.
Just an application as usual and then a lease addendum adding the other person to the lease for the remainder of it's duration will solve it.
@Ray Loveless ... the way @Matthew L. is laying out just above appears to legally bind the younger brother and you could totally do that. I'm not sure how much younger the younger brother is. My experience is with college aged young adults and therefore I have ONE responsible party (possibly with a co-signer) on the lease and the others listed as "legally" (per our lease) allowed adult occupants (ALL occupants are listed on the lease and they are just another occupant although we have run credit & background on them).
Assuming little brother is 18 or older, he must fill out an application, be screened, then just write up an addendum to your lease stating that he is an approved roommate.