TX - Adding roommates to a tenant's lease

2 Replies

I'll get right to it...

Guy moves in to my rental.  All is fine .  Three months later I've discovered he has moved three roommates into the place.  I have no idea who these people are, where they work, credit, background, etc.  I spoke with a real estate agent friend of mine and he said I need to get everyone on the lease asap to protect myself in case I need to evict.  He said you can't evict someone who isn't on the lease.  

Now, the question is, should they all have to do a rental application and pass both background and credit check before being allowed to stay?    

Or could they legally be added to a lease amendment listing them as "occupants" then whatever happens - the original tenant is held liable?

Or should a new lease be drawn up and have all four people listed as "tenants" and all jointly and severally liable?

Thanks so much.  I really hope somebody out there has some wisdom on the subject and is willing to share it with a newbie.

-Anthony

You absolutely can evict someone who isn't on the lease, otherwise squatters would be able to stay forever. You evict the current tenant by name and any include "all occupants". Also, I would NOT extend the courtesy of a lease to the people who moved on, and would in fact evict the leaseholder for violating the terms of his lease.

On a lease you list "occupants" only if they are minor children. Everyone else has to undergo the screening process.