Should Tenant's Boyfriend's name also be on the Lease?

CobyRupert · Oct 10, 2019

First off, my tenant doesn't have an actual lease that locks us both into 6 month, or 1 year, etc... terms; we have a Renter's Agreement that stipulates conditions (rent due date, no loud music, no abandoned cars in driveway, etc..). This give us both freedom make more immediate changes or move etc..

Our tenant is moving from one of my apartments into another in a few days. We plan on having her sign a new Agreement for the new apartment. Meanwhile (within last month) her boyfriend appears to be living with her, and will move with her into new apartment. She may or may not want his name on the new Agreement.

As the landlord, do I want both their names on the Agreement? What are pros/cons?

George2615 · Oct 10, 2019

Just my two cents.
I'm guessing that her current renters agreement doesn't have a guest clause. If he is going to live with her in the new apartment I would add him to the lease (renters agreement) in case you need to do legal action later such as late payment or damages etc. Better to have two named if a lawsuit becomes necessary.
If one moves out later you can make a new agreement.
Been there, done that and won in court for which I won a judgement against their wages.

mike48130 · Oct 10, 2019

I would think you would want him on there if he is full time. Did you ask your insurance company if it matters? There may be some limitations there. It also gives you the chance to go after him if there is damage or what have you. I assume you have a security deposit, but sometimes there are other situations. IT would also allow you to evict him and not her if there were ever issues with him specifically.

I would think this is a good time to sign an actual lease. Even if it is month to month, get a full lease signed that covers all these types of situations.

Roadworthy · Oct 10, 2019

If the boyfriend lives there he is also a tenant. If he spends the night from time to time and lives elsewhere he's a guest. If he's a tenant he should be on the agreement. If he's a guest you may write into the agreement how long in duration visits may be - two days, a week, whatever.

Slowpoke Slim · Oct 10, 2019

Landlord/Tenant laws vary by state. I would run it past a local attorney. My gut tells me you want them on a full blown lease, and include anyone that "lives" there more than an occasional overnight stay.

jpm · Oct 10, 2019

Talk to a lawyer . It's cheaper than finding out on you own about the rules. It's a PITA to get someone out sometimes if they don't pay

Threepoint · Oct 10, 2019

jpm said:
Talk to a lawyer . It's cheaper than finding out on you own about the rules. It's a PITA to get someone out sometimes if they don't pay

This. Landlord-tenant law in New York can hold a lot of surprises for folks who assume issues will be decided primarily on the basis of logic and common sense.

If you have multiple rental units, I'm betting you already have a real estate attorney you can call.

jaxs · Oct 11, 2019

If you have had a long and good relationship with tenant,that would be good enough for me. I would ask her if she would like to include him on lease and follow her wish. Forcing him to be on lease can result in her assuming only half of responsibility and you should know where that can lead. Unless you know and understand rental law,educate yourself rather than feeding lawyers.