Landlord Question and Answer Forum

Hello fellow landlords, I have experienced & also heard of issues with tenants who are not married that sign a lease together & woudl like your input on best way to sign leases in these cases. For example here are some scenarios: 1) non married tenants sign a lease, 1 leaves & remaining tenant(s) struggles to pay the rent and utilities 2) one tenant is having a hard time paying their share of the rent & utilities and the other tenant(s) complain that the one tenant is not holding up their end At the time of signing the lease do you write one lease and specify in the lease what the agreement is (i.e. each tenant will pay half the utilities and rent). Or do you sign a lease for each tenant with their agreed upon share of the rent & utilities. Any input on your experiences is appreciated. Thank you.

I would try using the "roomate addendum" in this case. They have no legal responsibility to each other without the marriage, but the lease you write makes them jointly and severally liable to the Landlord for rent and other charges.

Posted by Tammie H, PA on Tuesday, September 28, 2010

Thanks for the information!

Posted by Ranny M, MN on Wednesday, September 29, 2010

I would put both of them on the lease. They are now both obligated and have signed a legal binding agreement to pay rent. Should they split up -- it's not your fault and they should be still liable for the rental payments. I would not put on there an agreement where each pays half -- this can get complicated if the one person who is living there says they paid their half and the other who is not living there is not paying theirs. It might pose some eviction problems.

Posted by Raj N, IL on Thursday, September 30, 2010