Legal Corner
Question One of my residents wants to replace his roommate with another. Seems he has already done this, and is just now getting around to asking for my permission. I don’t really mind, the last roommate was a bit of a flake. If I want to allow this, what is the best way?
Answer There are several possibilities, but they depend on the type of rental agreement you currently have, and who the parties are. If your original tenant is the only party to the lease, then you have two possibilities. The first would be to leave the rental agreement intact, respond in writing to your tenants ‘request for permission’ to sublet by granting permission to sublet to this specific person, and no others. This keeps the original rental agreement intact, without altering any terms. It keeps the tenant in a superior position over his subtenant thereby allowing him a remedy to remove him if the subtenancy doesn’t work out, without bothering you. The second method would be to enter into a new rental agreement, listing both tenants on the agreement as authorized occupants, making them jointly and severally liable to perform. This is generally a cleaner method for you, keeps it simple, but it elevates the new roommate to the same position as your original tenant, making them equal. If the original lease included the former roommate, then ideally, you will request and receive a written notice from the former roommate stating that they have moved out of the unit, and that they are relinquishing their right to the security deposit. Do not just ‘alter’ the original agreement by just adding the new roommates name. Any alteration to a contract that is not signed and acknowledged by all parties may void that agreement.