Technically, any attorney can help with lease agreements, whether they're residential or commercial in nature. However, it goes without saying that it's in your best interests to hire a lawyer with experience in the field of real estate law.
Landlords usually ask each roommate to sign the lease unless they are a subtenant or an occupant. However, only the tenants on the lease are liable for any damages to the suite. Allowing roommates to stay on the property without the landlord's permission could also be grounds for eviction.
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.
What do I include in a Roommate Agreement? Information about the property, roommates, and original lease. Term or length of the agreement. Rent responsibilities. Security deposit details. Responsibilities for utilities and household costs. House rules, roommate duties, and restrictions. Rules for termination of tenancy.
It is possible to draft your own lease agreement, but you are leaving yourself open to issues.
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 roommate agreement is separate from the tenants' lease with the landlord. This article will explore different elements of a roommate agreement.
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.