When and if anyone adds a roommate :

1. Do you have new tenant sign a lease or do you have a separate document that adds them to the existing lease ?

2. Do you add an additional deposit or fee for the new roommate even if the deposit and last month is paid in full by existing tenant?

Any other specifics or advice is greatly appreciated.

Recently had a couple split. He left, she needed a roommate to help pay rent (her story. In reality, she had a new boyfriend.) We did this:

RESIDENTIAL RENTAL CONTRACT AMENDMENT

This Residential Rental Contract Amendment is hereby made and entered into by and between Properties LLC (Landlords) and Old Boyfriend and Original Tenant Woman (Tenants) and is effective as of October 15th, 2018, amending the original Residential Rental Contract, dated March 15th 2018.

All of the terms, covenants and restrictions of the original Contract shall continue in full force and effect, and are hereby reaffirmed, remade and rewritten, except as noted below.

1. The above-named Tenants previously entered into the Residential Lease Agreement noted above, leasing a two-bedroom one-bath duplex apartment at 701 West Road, City State Zip.

2. Landlords and above-named Tenants both agree to amend the original Contract by removing Old Boyfriend as a named Tenant and adding New Boyfriend. New Boyfriend hereby agrees to be bound by all the terms and conditions of the original Lease (a copy is attached for reference) as if he were an originally named Tenant, and specifically understands the following:

a. Rent is $1100 per month, and is due on or before the 15th day of each month. Tenants are jointly and severally responsible for the full amount due each month.

b. All Tenants agree that the Tenant Security Deposit transfers in its entirety to the newly-named Tenants above and will be held according to the terms of the North Carolina Security Deposit Act as specified in the original Contract.

c. Old Boyfriend specifically agrees he cannot make a claim against the Landlord for that Deposit; all Tenants agree they have made private arrangements between themselves regarding the Deposit and Old Boyfriend agrees he is not owed a refund from that deposit or for any other reason from the Landlord.

When Tenants sign this Contract Addendum, they acknowledge they have each read and agree to its provisions. This lease is executed in three counterparts with an executed counterpart being retained by each party hereto."

Then all THREE of them signed: the departing boyfriend, and the girlfriend and the new boyfriend, in front of me. Old Boyfriend got a copy, the new couple got a copy, and I have one.

Thank you WMH for hand feeding that to me !

Ask and you shall receive !

That is perfect and I greatly appreciated!

I will be writing that up and putting it in my growing rental documents folder.

I will have to amend it for this situation as we already released original #2 tenant from lease. She was claiming a soldier protection act as she married a military man after signing the lease and then wanted out. From my understanding of that act she was not eligible but we did agreed to it anyway did not see it worth the fight. But I should have held her accountable . #1 tenant was convinced she could afford the home alone but that has now changed and she is looking for a roommate she is doing her best to honor her lease commitment . Hope this works out well for all involved.

Yes of course will treat any new roommate as a new applicant .

Plenty I agree with you completely we usually try to avoid roommates also.

Cindi,

As I understand it, the military rules are for persons being transferred to another location by the military. I don't hear that in this case.

What I read is she got married and decided to move in with her new hubby. NOT an excuse to break a lease.

Here is a simple solution that works every time: Early Termination Fee. If the remaining roommate can handle the rent we allow the departing person to pay this one time fee to be released from the lease.

Adding a person: W's form is great. Mine is simpler. I have both parties sign a simple paper that says we agree to add Joe Smith to the lease.

I DO add that damages go back to the original move in inspection. (learned that on the hard way!)