Can I add someone to an existing lease? (relative or non relative

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Can I add someone to an existing lease? (relative or non relative

Mary Jay
Glendale, AZ · Member since 2017 · 1k+ posts · 238 votes

Hi guys,

So I spoke to an attorney and his suggestion is to have every adult person on the lease agreement.

So lets say if I come to inspect a unit and someone else lives there in addition to the person who signed a lease, can I add this person to the existing lease? Or should I have them sign a separate new lease? 

Sorry, I dont explain well, so I will just give couple of scenarios:

1) Lets say I go into a unit and a guy signed  the lease but now his girlfriend/mother/relative moved in with him. I think I could just add this person to the existing lease agreement and have them sign today, right? Even though the original lease agreement was signed long time ago by the guy? Can I add his girlfriend now? The guy's lease expires in December

2) Lets say I go in and its somebody without the lease and who is a non relative, sort of like a roommate... Lets say they agree to be added to the lease. Should I add them to the existing lease or should I sign a new lease with them and rent just a room?

It has happened to me when a guy moved in his girlfriend after he moved in but he was s higher grade tenant, paid on time, I did not anticipate any issues with nonpayment/evictions. So I did nothing... However, I am dealing with low income tenants now so I feel like I need to add them to the existing lease or have them sign a new lease

What are your thoughts?

Thank you 

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Joe Abughazaleh
Investor · Las Vegas, NV · Member since 2013 · 131 posts · 63 votes
7y

Hi @Mary Jay I would just create an addendum to the existing contract adding that new person. There's no need to create a new lease since the terms are staying the same. I personally would take it a step further and have them fill out an application and credit/background check. You want to know who is living in your rental home.   

Hope that helps.

-Joe

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  • Joe Abughazaleh
    Investor · Las Vegas, NV · Member since 2013 · 131 posts · 63 votes
    7y

    Hi @Mary Jay I would just create an addendum to the existing contract adding that new person. There's no need to create a new lease since the terms are staying the same. I personally would take it a step further and have them fill out an application and credit/background check. You want to know who is living in your rental home.   

    Hope that helps.

    -Joe

    2Reply
  • Mary Jay
    OP
    Glendale, AZ · Member since 2017 · 1k+ posts · 238 votes
    7y
    Originally posted by @Joe Abughazaleh:

    Hi @Mary Jay I would just create an addendum to the existing contract adding that new person. There's no need to create a new lease since the terms are staying the same. I personally would take it a step further and have them fill out an application and credit/background check. You want to know who is living in your rental home.   

    Hope that helps.

    -Joe

     Thank you, Joe. I like what you said...

    Here is what Ive been thinking:

    1) I see no problem in a first case when a guy moves in his girlfriend or relative. No problem to just sign an addendum to the old lease...

    2) However, when it is someone who is not related to the guy who originally signed the lease, then may be its better to sign a new lease with all of the occupants, and then it will be easier to evict the non paying tenant and keep the paying tenant. The problem that I am worrying about is: if I sign a new lease with everybody , does it mean the new lease voids the old lease? Because I do not want both leases to be active and functioning. New lease signed today and the old lease that has not expired yet...

    You would think the new lease should null and void the old lease, right?

    0Reply
  • Joe Abughazaleh
    Investor · Las Vegas, NV · Member since 2013 · 131 posts · 63 votes
    7y

    @Mary Jay I understand what you're concerns are now. Good question I'm not familiar with your state laws on evictions and if you could evict only one person off the lease unless its a Domestic Violence issue. Hopefully someone familiar with Arizona eviction laws can answer that particular question. You may need to do the separate individual new lease as you mentioned in you're original post.  

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  • Mary Jay
    OP
    Glendale, AZ · Member since 2017 · 1k+ posts · 238 votes
    7y
    Originally posted by @Joe Abughazaleh:

    @Mary Jay I understand what you're concerns are now. Good question I'm not familiar with your state laws on evictions and if you could evict only one person off the lease unless its a Domestic Violence issue. Hopefully someone familiar with Arizona eviction laws can answer that particular question. You may need to do the separate individual new lease as you mentioned in you're original post.  

     Thank you !

    I appreciate your input...

    Property is in Pennsylvania... Just wanted to add it so I would not confuse anybody else... :-)

    0Reply
  • Wayne Brooks
    Real Estate Professional · West Palm Beach, FL · Member since 2012 · 23k+ posts · 13k+ votes
    7y

    If you have an addendum executed by all parties, adding the new party to the Existing lease, you only have one lease and it is if they all signed at the same time....simple.

    0Reply
  • Mary Jay
    OP
    Glendale, AZ · Member since 2017 · 1k+ posts · 238 votes
    7y
    Originally posted by @Wayne Brooks:

    If you have an addendum executed by all parties, adding the new party to the Existing lease, you only have one lease and it is if they all signed at the same time....simple.

     Thank u, sir !

    0Reply
  • Steven Warner
    Member since 2018 · 62 posts · 50 votes
    7y

    Hi  Mary

    I love it when they add someone without telling me, why?  

    Because 1) they are now in violation of the original lease and I can increase the rent and/or security to accommodate my needs and 2) now I have another person of legal age to go after to arrears, damages, etc...

    This does not mean I will increase the rent and/or the security, but I have my choice as they are in violation, and, if I do approve the "new" person, I have them complete an application as well.  

    If the property is an "A" property and they pay on time, the most I do is usually an application so I have their information and at the very least an addendum so they can be held responsible.  

    Its all discretionary so at the very least I would always get the new person's information and have them sign a lease addendum... 

    The bottom line is you are in control...

    Good luck!

    Steve

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  • Mary Jay
    OP
    Glendale, AZ · Member since 2017 · 1k+ posts · 238 votes
    7y
    Originally posted by @Steven Warner:

    Hi  Mary

    I love it when they add someone without telling me, why?  

    Because 1) they are now in violation of the original lease and I can increase the rent and/or security to accommodate my needs and 2) now I have another person of legal age to go after to arrears, damages, etc...

    This does not mean I will increase the rent and/or the security, but I have my choice as they are in violation, and, if I do approve the "new" person, I have them complete an application as well.  

    If the property is an "A" property and they pay on time, the most I do is usually an application so I have their information and at the very least an addendum so they can be held responsible.  

    Its all discretionary so at the very least I would always get the new person's information and have them sign a lease addendum... 

    The bottom line is you are in control...

    Good luck!

    Steve

      Thank you so much , Steve!

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