Renting an Apartment With Roommates
When two or more people sign the same rental agreement or lease, they are co-tenants and share the same legal rights and responsibilities. The problem with this situation is that one roommate's bad behavior affect them all.
Cotenants may decide to split the rent equally or unequally between themselves. However, this agreements amongst roommates don't affect the landlord. Each cotenant is independently liable to the landlord for all of the rent. Landlords often remind cotenants of this obligation by inserting into the lease a that says that the tenants are "jointly and severally" liable for paying rent and adhering to terms of the agreement.
A landlord can legally hold all cotenants responsible for the negative actions of just one, and terminate everyone's tenancy with the appropriate notice.
For all sorts of reasons, roommate arrangements regularly go bad. Roommates make lots of informal agreements about splitting rent, occupying bedrooms, and sharing chores. Your landlord isn't bound by these agreements and has no power to enforce them, but making an agreement can force you and your housemates to take your co-tenancy responsibilities seriously.
Before you move in, sit down with your roommates and discuss major issues, such as:
- Rent.
- Household chores.
- Noise.
- Guest.
- Moving out.
The more you can anticipate possible problems from the start, the better prepared you'll be to handle disputes that do arise. Be as specific as possible, especially on issues that are important to you. It's best to put your understandings in writing. A mediation clause is also an effective way to enforce an agreement. Ultimately issues with roommates are far too common in Landlord Tenant Law. We always recommend that prospective co-tenant make an agreement so there can be an assurance of a smooth living arrangement.
For landlord-tenant matters please contact our office at (201) 880-5563 for a consultation.
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