Roommate now of age to require application, but...

[Emory Clayton]

One of my units has an tenant that also had a roommate move in at the time of the lease start. I was aware of this, but did not require the roommate to fill out an application because they were not of age that I require tenants to fill out an application (21+). The roommate has since turned 21 and has filled out an application. The question is being that the roommate wouldn't qualify on their own (doesn't meet income requirements), how should this be handled? The primary occupant qualifies on their own, but I feel I should add some verbiage/notification to the roommate that while their application was approved (I'm planning to approve)  it doesn't mean that they can live in the house on their own if the primary tenant decides they want to move out. I don't want the expectation to be that by approving the application, they are free and clear to live in the house on their own merit. Would this be a case for an Adverse Action Notice?

[Kevin Sobilo]

@Emory Clayton, a few thoughts: 

1. Would you deny a married couple where one of them was a stay-at-home parent with no income because they didn't qualify all on their own income wise? 

Married couples break up with 1 person moving out all the time as well. It really isn't appreciably different. 

2. The main difference with married couples versus unmarried couples versus roommate situations is frequency with which they may end the "relationship" but that is hard to measure and to my mind not worth trying to evaluate or value. 

3. I would only ever require the tenants TOTAL aggregate income to qualify. Doesn't matter whether its a married couple, unmarried couple, or roommates. 

4. Although unlikely, I think doing otherwise COULD in theory be cause for a discrimination claim in certain circumstances. 

A married couple with a stay-at-home parent could claim discrimination due to familial status because the 1 parent has no income due to child care responsibilities. 

Someone with disabilities might need to live on SSI/SSDI and REQUIRE a roommate situation to live independently. So, they could claim their disability is what keeps them from meeting your qualifications on their own. 

5. If a tenant meets your qualifications on their own, they are unlikely to want a roommate! So, that is another reason it doesn't make much logical sense. 

6. Why would you not have someone fill an application out until age 21. Why not age 18 when they are able to sign a contract on their own legally?!? 

7. I DO NOT think your verbiage about this new tenant not being able to live in the house on their own is useful. 

If the original tenant wishes to leave they will as party to the lease, give you notice to end the lease. That will end it for ALL parties. No special verbiage needed. 

8. Even though verbiage isn't needed, I would talk to the new tenant about how a situation where they wanted to remain in the property might be handled if it comes up. 

They could show new income that qualifies or maybe they can find a new roommate that they can qualify with. Either of those is BETTER FOR YOU than having vacancy/turnover!

9. No matter what verbiage you put in the lease, it isn't going to change the bad situations that can happen. That is best mitigated by your screening process AND ESPECIALLY by your management and communication. 

10. I would specifically communicate how things will go when they move out. For example, how deposit money is handled. 

If 1 tenant leaves but the other wants to stay, until a new agreement is signed with the remaining tenant (assuming they have enough income or replacement roommate), there is no release of any portion of deposit money. 

Of if one tenant refuses to leave, that deposit is going towards owed rent, court costs, damages etc even though 1 tenant has left. 

Discuss some of these nitty gritty things that you are concerned about so that they understand.