Tenant wants a roommate, new lease?

Question

My tenant has asked to get a roommate.  I'm OK with it but I said the new roommate would have to pass the same background checks she did. My question is when I approve the new tenant and we sign a modified lease do I restart the term of the lease?

Nathan Gesner · Answer

Just hand-write a simple clause adding the new tenant to the existing lease:

I have a specific form for adding or removing a tenant that spells out some key points tenants may not think of, like joint and severability or security deposit refund. I also charge a $50 fee to add a tenant or remove a tenant which covers the additional work in my office and cuts down on the number of tenants moving in or out.

Nathan Gesner · Answer

@Thomas Robb not true.

Tenant A moves in and pays the deposit. Tenant B moves in six months later so I make it clear that the deposit belongs to Tenant A and Tenant B acknowledges that in writing.

Six months later the lease ends. Tenant A wants to leave (with his deposit) and Tenant B wants to stay. I make Tenant B pay Tenant A the value of the deposit, I keep the existing deposit and it transfers to Tenant B so that I am never without a deposit.

I always make it clear - in writing and acknowledged by all parties - who the deposit belongs to but I always maintain control of it until the lease is terminated and everyone is out.

Dick Rosen · Answer

After ALL screening has been passed I simply write up an addendum adding the roommate to the existing lease, no changes in any terms.

Tom R. · Answer

That sounds good but when the original tenant moves out if the second tenant stays I now have no security deposit.

Peter M. · Answer

You could do either depending on what the current tenant will agree to. Get a smaller deposit from the new roommate enough to cover an eviction if it came to it. I would just add an addendum to the current lease and if they want to renew at the end of the original term you can put them together on one (along with a rent increase if you are so inclined)

Sam Shueh · Answer

Just add the name on the existing lease if it is recent.

Douglas Snook · Answer

Restarting the lease would be up to you and them. Ask why they are bringing on this roommate. How much longer is there to go on this lease? How long has the current tenant been there?

Also be clear that they are equally responsible for the full rent for the term of the lease (whether new or remaining) in case the original moves out in a few months or this new one does not work out and leaves

Are you holding any deposits? you would have to be clear who they belong too

Tenant wants a roommate, new lease?

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