Roommate now of age to require application, but...
Emory ClaytonPro Member
Member since 2019 · 77 posts · 26 votesRoommate now of age to require application, but...
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Realtor · Hanover Twp, PA · Member since 2018 · 3k+ posts · 3k+ votes
5mo@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.
5 Replies
- Realtor · Hanover Twp, PA · Member since 2018 · 3k+ posts · 3k+ votes5mo
@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.
- 5moDrew SygitBusiness MemberProperty Manager · Royal Oak, MI · Member since 2012 · 12k+ posts · 9k+ votes
Quote from @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?
Why wouldn't you have an 18-year old apply and put on the lease?
Were they a legal dependent of the other tenant?
Logical Property Management4.9460 Reviews - Real Estate Agent · Memphis · Member since 2026 · 583 posts · 345 votes5mo
You’re thinking about this the right way — the key here is separating approval as an occupant vs qualification as a standalone tenant.
Since the primary tenant qualifies on their own, most operators would approve the roommate as an additional occupant/leaseholder tied to that tenancy, not as an independently qualified tenant.
The important part is how you document it:
• Update the lease or addendum to include them formally
• Make it clear they’re jointly and severally liable with the primary tenant
• Clarify that qualification was based on the household as structured todayOn your concern — you’re right to address expectations upfront. The clean way to handle that is through lease language or a written addendum, not an adverse action.
An Adverse Action Notice is typically used when you’re denying or conditionally approving someone based on screening criteria. In this case, you’re not denying them — you’re just not establishing them as a standalone qualified tenant.
If the primary tenant were to move out later, that would trigger a re-qualification of the remaining occupant at that point.
The main goal is making sure there’s no ambiguity now that could turn into a dispute later.
- Realtor · Hanover Twp, PA · Member since 2018 · 3k+ posts · 3k+ votes5mo
Quote from @Jim Johnson:
You’re thinking about this the right way — the key here is separating approval as an occupant vs qualification as a standalone tenant.
Since the primary tenant qualifies on their own, most operators would approve the roommate as an additional occupant/leaseholder tied to that tenancy, not as an independently qualified tenant.
The important part is how you document it:
• Update the lease or addendum to include them formally
• Make it clear they’re jointly and severally liable with the primary tenant
• Clarify that qualification was based on the household as structured todayOn your concern — you’re right to address expectations upfront. The clean way to handle that is through lease language or a written addendum, not an adverse action.
An Adverse Action Notice is typically used when you’re denying or conditionally approving someone based on screening criteria. In this case, you’re not denying them — you’re just not establishing them as a standalone qualified tenant.
If the primary tenant were to move out later, that would trigger a re-qualification of the remaining occupant at that point.
The main goal is making sure there’s no ambiguity now that could turn into a dispute later.
One difficulty is that the "occupant" is an occupant and doesn't sign the lease so they cannot be "jointly and severally liable". To have that liability they need to sign the lease and be a tenant I believe.
- Honolulu, HI · Member since 2008 · 3k+ posts · 2k+ votes5mo
The person that just turned 21 simply needs to sign an addendum to the original Rental Agreement to be added. This should also be signed by whoever else was named and signed on the original, including you. You need to reference the Name of the original document ("Lease", "Agreement", "Rental Agreement"; the signing date of the original document, the premises address as described in the original document, and state words to the effect of "the agreement by and between (LL Name) and (Tenant(s) Name).
Then add in the what the changes new terms/names/effective dates are, and all sign in agreement. Always give each Tenant a copy.
You always need a "paper trail" when you add, remove, or exchange adult occupants. It appears that the age of majority for Alabama is 19, so you should have had him sign originally anyway, which means you should have screened that person previously also. As Kevin stated, you are concerned with the total household income, vs. expecting every adult to meet your income requirement. OTOH, you most certainly DO evaluate each individual based on their individual facts. Just because #1 is well qualified, you don't want #2 if he is a reformed axe murderer. You would instead reject both initially. Similarly, since both are living there now, you need to be sure you have the "Jointly and severally liable" clause, because if #1 moves out and leaves the axe murderer, you do NOT release #1 from the original agreement since #2 has no visible means of support.
Always expect the worst, then plan for it. Then you won't be so disappointed when something happens.
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