Lease Agreement With Roommate In Fairfax
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In California, if you are the only person on the lease and your roommate is not listed, you are considered the "master tenant" and your roommate is considered a "subtenant." As the master tenant, you have the right to evict your subtenant, but you must follow the proper legal procedures.
The roommate agreement is separate from the tenants' lease with the landlord. This article will explore different elements of a roommate agreement.
In most cases, it is possible and easy to add someone to an existing lease if it's allowed by the landlord. However, the landlord will need to write a lease addendum or lease amendment to add new information to the lease that can protect all parties.
How to write a roommate agreement Names of both tenants. The property address. The dates the lease begins and ends. The amount of rent each person pays. Who pays for utilities. Who pays the security deposit. Which bedroom each person occupies. Who buys food, or if you're each buying your own food.
Standard roommate agreements are legally binding, and you can tailor them to your specific situation. Their contents can include: Names of both tenants. Specify whether you're co-tenants on the lease, or whether you're the primary tenant and the other is a roommate.
The main difference is the length of tenancy. A rental agreement is usually short term or month-to-month, while a lease is typically for a longer period of time, usually six months or more.
When a tenant has more than one roommate, typically all roommates are listed on a single lease as co-tenants. This means that all roommates are equally responsible for the terms of the lease, including paying rent and following the rules.
The roommate agreement is between roommates and doesn't involve the landlord, while a lease is between one or more roommates and the landlord. Roommate agreements are essential in situations where your roommate decides to move out while the lease is in effect.
Most leases prohibit people not listed on the lease living there. The landlord may or may not be willing to add your girlfriend to the lease but without her being on the lease while still living there, you are probably in breach of your lease and presumably are subject to being evicted if she does not leave.
