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Adding a Roommate to the Lease or Rental Agreement


Get your landlord's approval before a new person moves in.

Whether it's time to live with the one you love or you just need to replace a departing roommate, check with your landlord before letting a new person move in. Most landlords will insist that the new roommate become a co-tenant, having the same rights and responsibilities as you do.

Getting the Landlord's Approval

Obviously, you want to be sure that your new roommate is financially stable and compatible with you.

But even if you are satisfied as to your intended co-tenant's stellar qualifications, it doesn't mean the landlord will take your word for it. To increase your chances of getting an official okay, consider these questions before approaching the landlord:

  • Will adding a roommate exceed the occupancy limit? Landlords are entitled to set reasonable limits on the number of occupants per rental unit. As a general rule, that's two persons per bedroom, though some localities (such as New York City) allow more.
  • Will the new roommate meet your landlord's good-tenant criteria? Many landlords subject prospective tenants to a thorough screening process, checking credit, employment, rental history, and references. Ask your prospective roommates to request a credit report on themselves. If the credit report is good, you'll want to hand it to the landlord with your proposed new tenant's application. Since the landlord will almost surely do this as well, doing it first gives you the opportunity to develop a plausible explanation for any negative information -- for example, a prior eviction or bankruptcy.

Unless you are on fairly close personal terms with your landlord, it's usually a good idea to write your landlord a note about your desire to add a roommate. This gives the landlord an unpressured opportunity to think about it. It is also your chance to sell your proposal by pointing out that your rental is big enough for another tenant and, assuming you already have someone lined up, that your new roommate will be a great tenant.

Copyright 2006 Nolo

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