If, you have a month-to-month tenancy and your co-tenant wishes to move out, then he / she is responsible for giving the landlord the requisite one-month notice in writing, including paying his / her share of the rent through the end of the notice period. In case, there is a rental lease or agreement, it is necessary for the tenant to either get the landlord’s permission to move out before the due date, if possible, or else he / she has the option of finding a suitable replacement acceptable to the landlord. It is important for a co-tenant to understand, leaving without the landlord’s acquiescence, or without finding a replacement can result in serious fallout.

However, it should be noted, the unauthorised departure of a co-tenant could mean all co-tenants will be evicted, even if they are able to pay the full rent, as it is the landlord’s legal prerogative. He / she may opt to evict those, whose signature is on the lease or rental agreement, since the breach of it by even one tenant is considered to be a violation of the length of stay clause, and for which all tenants are liable.

However, in all probability your landlord will allow you to stay on, as long as, the rent is paid on time and his / her rental property is occupied by non-destructive, well-behaved tenants. In other words, timely payment of rent after a lease breach by a co-tenant will go a long way to ensure your landlord thinks twice about wanting to evict the rest of you, unless:

1. All tenants are a troublesome group, making this a great opportunity for getting rid of everyone in one quick shot, or
2. Else, if you cannot cover the rent all by yourself, in which case, you need to assure your landlord you will find a lease-abiding new co-tenant to split the rent with. This might help salvage your tenancy, and meanwhile, you could ask your landlord for permission for late rent to be able to pay in rental instalments, till a new co-tenant has been found. As well, perhaps, it is quite reasonable to ask your landlord to use the departed tenant’s share of the security deposit for rent, until a suitable replacement is found.

The upshot is, always get your landlord’s approval before moving in a new roommate. When a co-tenant ups and leaves you to pay the entire rent, you may be tempted to simply move in another roommate, without getting the landlord’s permission or by bypassing his / her application process. Forget it, not a good idea at all, as your lease or rental agreement may contain a clause prohibiting unauthorised subletting. Bringing in a new tenant without a landlord’s approval violates the agreement, and could give your landlord a valid excuse to evict you. Instead, it’s best to maintain an honest relationship by getting your landlord’s approval for any replacement tenants.

When a co-tenant skips out and leaves you holding the baby, it would be pretty reasonable for you to feel frustrated and look for alternative accommodation, instead of going through the hassle of trying to rustle up another suitable roommate.

In order, to make it easy to leave and prevent the landlord from penalizing you by retaining your security deposit in lieu of unpaid rent, or from ruining your credit by sending the credit bureau an adverse report on you, the following two steps may help:

1. For those tenants with month-to-month agreements, it is a good idea to give the requisite amount of notice (usually 30 days) in writing, promptly and immediately. Best not to wait till next month’s rent becomes due and you are unable to pay it, which could result in your receiving a termination notice.
2. However, if instead of a month-to-month agreement, you have a lease, inform your landlord in writing regarding your plans to move, making him / her aware of the fact it won’t be possible for you to make the rent without a co-tenant. Before moving, accommodate your landlord in the showing of your unit to any prospective renters he / she may bring for a viewing. By facilitating a quick re-rental, you not only extend kind courtesy to your landlord, but also ensure it proves advantageous to you as well, since the quicker a new tenant moves in, the sooner your complete rental liability under the lease ends. As well, you yourself can help your landlord by finding an acceptable replacement tenant for the unit.

If, you are thinking of taking on a roommate, in order to save some money by splitting the rent between two people, then bear in mind, it is most likely; you will be asked to increase the rent by your landlord, if he / she agrees to an additional tenant. An increase in rent is most probably based on the theory that more residents translates into more property wear and tear. Since, adding a roommate to a lease means signing a new lease or rental agreement; in effect it means a new tenancy is beginning. This allows the landlord to increase rent with immediate effect, instead of giving the usual 30-days notice for a month-to-month rental agreement, or when the lease ends.

The only way an increase in rent may not be forthcoming is, if your rental unit is covered by rent control laws. In case, it is not, then your landlord is justified in asking for extra rent, as the market will testify.

As well, your landlord will also be legally entitled to change other conditions of your tenancy when a roommate is added on and puts his / her signature on a new agreement. The first change will be an increase in the security deposit amount. However, this should not pose too much of a problem, as many states limit the amount that can be charged. A general rule of thumb is a couple of month’s rent.

Tenants wishing to split the rental burden with a roommate, or just needing to replace a departing roommate, it is always makes for a good idea to check with your landlord, before allowing anyone to move in. And, you will find most landlords are firm about ensuring your new roommate is listed as a co-tenant, having the same rights and responsibilities as you in the rental lease or agreement.

Before, agreeing to take on a new roommate, ensure he / she is financially stable and temperamentally well-suited to you. However, being satisfied with your prospective co-tenant does not mean your landlord will agree with you. To increase the chances of getting an official thumbs up, consider the following questions before approaching your landlord:

1. Whether, adding a roommate will exceed the occupancy limit? State laws entitle landlords to set reasonable limits on the number of occupants per rental unit. A general rule of thumb is two persons per bedroom, though certain cities, such as, New York City allow more.
2. If, your new roommate will meet your landlord’s ideal-tenant criteria? As you know, most landlords make prospective tenants undergo a thorough tenant screening process i.e. credit checks, employment and rental history, including reference checks. Therefore, it would be a good idea to get your prospective roommates to obtain a credit report. Hand it over to your landlord, along with your proposed roommate’s rental application. No doubt, your landlord could get the report himself / herself, however, doing it first allows you to think up a plausible explanation for any negative information, such as, a prior eviction or bankruptcy.

Unless, you are good personal terms with your landlord, it would be better to ask in writing, whether you can add a roommate to your lease or rental agreement.

Learning about the legal rights and responsibilities of roommates helps to make sharing an apartment or home, a whole lot easier. Choosing roommates with care is important, and they should not be selected, simply because you have a good time partying together. An enjoyable party mate may not necessarily translate into a considerate roommate; one enjoys sharing a place with. Before, zeroing in on one, consider the following:

1. A potential roommate’s personality.
2. His / her lifestyle and health habits.
3. What his / her budget looks like.
4. The kind of friends he / she hangs out with.
5. Whether, your roommate comes with pets, and if so, what sort?

Once, the selection of roommates is over, it is a good idea to draw up an agreement and put everything in writing. Your written agreement should consider and include the following issues:

1. How the rent, utilities and security deposits will be split and paid.
2. Any house rules relating to pets and pet security deposits.
3. Draw out the smoking or non-smoking zones in the shared accommodation.
4. All roommates should be unanimous regarding partying hours or drug use, i.e. whether, allowed or not allowed.
5. Late hours and noise levels.
6. Whether, overnight guests are allowed, and if so, how often.
7. If, food and cooking duties are to be shared.
8. Cleaning schedules and how household chores are to be shared.

While, it is not possible for anyone to force a roommate to do his / her share of the dish-washing ceremonies, or to be as silent as a mouse, when other roommates are sleeping, however, the judge of a small claims court can enforce agreements, as to how rent and utilities are paid.

If, there are going to be any roommates, then each one should sign the rental agreement, which makes each responsible for paying the entire rent, every month.

In case, a lease has already been signed and you have moved in, it will be necessary to get the landlord’s approval for adding another roommate, and most likely Mr. Landlord will want to check your potential roommate’s credit history, and additional security deposit, including pet deposit, if your roomie comes with one.

Perhaps, you might see an increase in rent, because of the extra person, and your landlord may require you to sign an entirely new lease for adding a new roommate.

Before, taking on a roommate, it is best to remember, if your roommate doesn’t pay the rent, or damages the place, or makes too much noise, the landlord is legally within his rights to hold everyone responsible. In case, your roommate doesn’t pay rent on time, the best idea is to encourage him / her roommate to move out.

Even when the best of friends agree share an apartment or house, there is bound to be a falling out i.e. agreements or disagreements arise, when a roommate plays the music too loud, or doesn’t wash the dishes when it is his / her turn to do it, or is habitually late in paying his / her share of the rent, or has a bunch of people staying overnight almost every day, or leaves dirty, smelly clothes lying around, even on the dining table. The situation can turn quite ugly, when one has a roommate, who simply drives one nuts, and can lead to an argument as to who should move out of the rental unit.

While, any informal agreements that roommates chalk out, on how to split the rent, or who gets which bedroom, including sharing of chores, do not bind a landlord to them, nor do landlords have any power to enforce them.

To avoid any unpleasantness, it is wise to anticipate possible problems right from the beginning, and choose roommates, who are not only compatible, but are open to sensibly resolving any disputes that may arise. Before, moving in or signing a rental agreement, it is wise for future roommates to sit down and create their own agreement that covers major issues that may crop up, as a result of shared accommodation, such as:

1. Rent: Decide on everyone’s share of the rent, as well as, who will be responsible for making out the rental cheque. That, is because, landlords prefer to receive only one rental cheque, unless, agreed otherwise.
2. Space: Avoid any squabbles over bedrooms by deciding the issue, before signing any rental lease or agreement or moving in.
3. Household chores: Draw up a cleaning schedule, and spilt the household chores amongst all roommates.
4. Food Costs: Similarly, split food costs, including grocery shopping, and cooking responsibilities, as well.
5. Noise: Decide on permissible noise levels for music systems and TVs.
6. Overnight guests: Come to an agreement over, whether boyfriends or girlfriends can stay over every night?
7. Moving out: If, a roommate wants to move out, notice period to be given should be decided on, including whether a departing roomie is responsible for finding a suitable replacement.

Everything should be put down in writing and signed by all roommates to avoid any unpleasantness later on. Be as specific as possible, especially on important issues, whether it is dirty dishes in the sink, or if it’s a roommate’s (non-rent-paying) boyfriend / girlfriend taking over the bathroom each morning. While, not a legally binding agreement, if taken to court, a judge may not order a roommate to carry out his / her share of the household chores, however, he / she will enforce financial agreements, such as how rent is to be shared.

At this point, it is well to remember that one cannot terminate the tenancy of one’s roommate by filing an eviction suit. That is permissible only, when one has sublet a portion of the rental accommodation, and is a sub-lessee landlord, or sub-landlord. However, there is another exception, when rentals are governed by certain rent control statutes, such as, those prevalent in San Francisco. According to a Californian rent control stature, a landlord can designate a ‘master tenant’, usually, a long-term tenant who is there first, to perform many of a landlord’s functions. Master tenants have the right to select, as well as, evict co-tenants.

A roommate moving in or out can seriously affect a tenant’s relationship with his / her landlord. When two people sign a lease or rental agreement together, or even orally commit themselves as co-renters, in the eyes of the law they are to be viewed as co-tenants, with equal legal rights and responsibilities. However, in a special twist to the tale, a co-tenant’s negatively bad behaviour can have a profound effect on the other roommate’s tenancy.

Take for example, a scenario in which one of two roommates is refusing to pay his / her share of the rent. How the two split the rent between themselves, whether half and half, or an unequal division, is a decision dependent on their agreement with each other. Nevertheless, such agreements do not affect the landlord, as each co-tenant is independently liable to him / her for the entire rental amount. Read your lease or rental agreement carefully, co-tenants are often reminded by landlords of this obligation, by a string of legalese confirming the ‘joint and several’ liability of tenants, for paying rent and adhering to the lease or agreement terms. In the event, one tenant is unable to pay his / her share of the rent, or quite simply moves out, the other or remaining tenant(s) will be held liable for paying the full rent.

And, as a general rule, landlords insist on receiving just one rental cheque, as multiple cheques from co-tenants can prove to be a bit of a bother. As long as this policy is contained in the rental agreement or lease, it is entirely legal for a landlord to impose it.

Moreover, if one roommate violates a lease or rental agreement, a landlord is within his / her legal rights to hold all co-tenants responsible for the adverse actions of one of them. As well, he /she can also terminate everyone’s tenancy after issuing an appropriate notice. In other words, even if only one of them seriously damages the property, or otherwise violates the lease or rental agreement, both can be held liable, and if a landlord so wishes, he / she can evict both of them.

However, a number of landlords, in practice, act in a rather humane manner by sometimes ignoring the legal rule that holds all tenants equally liable for lease violations. They only penalise the guilty one, letting others of the hook. After that, it depends on the non-guilty parties to convince the landlord they should be allowed to stay on, and not face eviction because of their ex-roomie’s behaviour.

As for landlords, they should view taking of necessary precautions, such as, screening tenants and conducting background checks on prospective tenants, including ensuring whatever is promised in the rental lease is provided, as their insurance for a litigation free landlord / tenant relationship. A simple click of the mouse and any landlord or property manager can visit www.e-renter.com for tenant screening and background check services. www.e-renter.com, the best tenant screening agency in America!

Instead, of relying on lawyers, who charge an arm and a leg to decode some legal clauses to be found in typical residential leases or rental agreements, it is important landlords and tenants alike, familiarize themselves with the definitions of a number of common words and phrases that arise in the context of a landlord-tenant relationship.

1. The term ‘tenant improvements’, included in a lease or rental agreement indicates, whether a tenant is permitted to make improvements to his / her rental unit, and the extent to which such improvements will be permitted by a landlord.
2. The term termination obliges a tenant to return his / her rental unit in the same condition it was given on rent, at the conclusion or termination of the rental lease or agreement.
3. ‘Termination Date of Lease’ or ‘Lease Termination Date’ specifies the date the lease ends or terminates.
4. ‘Lease Term’ or ‘Term of the Lease’ identifies the duration of the lease in months and years. It also states the date the tenant comes in legal possession of the rental property.
5. ‘Use of Premises’ specifies any landlord restrictions on a tenant’s use of the premises.
6. Warranty of Habitability means the landlord or owner of residential property is obligated to provide his / her tenant with rental accommodation that is reasonably fit for human occupation, including basic living conditions and timely repairs, if required. However, what is ‘reasonable’ in one area, is not necessarily so in another. Take for example, the failure of a California landlord to properly insulate pipes on his / her rental property, his / her failure to do so may not violate the warranty of habitability, but in the same instance, a Minnesotan landlord will be held liable, if failure to insulate his / her results in them freezing constantly during the cold weather.

Instead, of relying on a lawyer who charges an arm and a leg to decode some of the legal clauses that are found in typical residential leases or rental agreements, it is important landlords and tenants alike, familiarize themselves with the definitions for a number of common words and phrases that arise in the context of the landlord-tenant relationship.

1. Rent control is to be found mostly in urban areas. Rent control laws place a limit on the rental amount a landlord is allowed to charge tenants, of course subject to certain restrictions. As well, most rent control laws permit annual increases in rental charges of about 2.5%.
2. Right of entry limits a landlord’s right to enter premises that are in occupation by his / her tenant. A landlord can only enter rental property leased to a tenant, in emergency situations, or to show the unit to prospective tenants, or else to carry out repairs or renovations. A 24 or 48-hours notice has to be issued in advance to the tenant, before a landlord can legally enter an occupied apartment or unit.
3. Security deposit is money that is refundable and is to be paid to the landlord, at or before a tenant’s move-in date. It is a monetary amount that is held in deposit by the landlord, to guarantee a tenant adheres to lease obligations, i.e. not to damage the rental property beyond normal wear and tear, and timely payment of rent. Just as most states have set limits for the amount of rent a landlord can charge, similarly a limit has also been set on the amount that can be demanded as security deposit. Always, it is wise to state the security deposit amount in the lease or rental agreement, as well state what it will be used for, where it will be held, and what percentage of interest it will earn.
4. Sub-letting or Assignment allows a tenant the right to sub-lease or assign the property, if unable to fill out the lease term, or in case he / she wishes to rent out part of the rental accommodation to another individual, in order to meet the rent. This lease clause should specify the conditions under which a tenant can avail of this right. It should be clear though, even under a sublet, an original tenant still holds responsibility for honouring lease provisions. However, in the case of assignment, the original tenant is no longer in the picture and has no further liability under conditions of the lease.
5. Tenant is a person, who has been given the right to use and occupy property that is owned by another person, who is known as landlord, and usually under a lease or rental agreement. The tenant’s exclusive enjoyment of the rental property is granted in exchange for an agreed upon sum of money for fixed period of time, usually set out in the lease.

Instead, of relying on a lawyer who charges an arm and a leg to decode some of the legal clauses that are found in typical residential leases or rental agreements, it is important landlords and tenants alike, familiarize themselves with the definitions for a number of common words and phrases that arise in the context of the landlord-tenant relationship.

1. Lease is a written agreement between a landlord and tenant, and which grants the tenant exclusive use and occupation of his / her landlord’s residential property for a fixed period of time, in exchange for an agreed sum of money. It can also be called by its other name i.e. ‘rental agreement’.
2. It is important for a lease or rental agreement to give a full description of the rental property, and the description should include street address, city, state, and zip code. As well, it is a good idea to give built-up area measurements in square feet, including the means by which the square footage is measured.
3. Quiet Enjoyment means the implied right of a tenant to enjoy and use the property rented by him / her, without any obstruction, intrusion or interference from residents of the building, the landlord, or other individuals.
4. Renewal is one of the options a tenant has when his / her lease or rental agreement is terminating. It gives the tenant a choice of re-negotiating or renewing a rental lease or agreement, within a certain time frame.
5. Rent is the specified amount of money a tenant pays each month, in order to enjoy exclusive rights to a rental property. If, a residential lease or rental agreement has been signed, it should always state the amount of rent that is to be paid, the last date by which a tenant must make payment to avoid an eviction notice, including the mode of payment i.e. cheque, cash, or any other means.