Bringing in a new roommate to your rental isn't something to take lightly. Aside from making sure that you and the roommate will be compatible, you'll want to screen the roommate to make sure that they have the ability to pay rent and are responsible enough to not damage the property or bother other people living in the building. It's also a good idea to clear the new roommate with your landlord before they move in. It's fine to talk to your landlord in person about a potential new roommate, but you'll also want to put the request in writing.
In most states, there isn't a law that says a current tenant must tell their landlord about bringing in a new roommate. However, it's highly likely that your lease or rental agreement specifies exactly how many people can live in the rental and names them in the lease.
Most leases and rental agreements also require landlord approval to bring in a new roommate (even if the new person is simply replacing a cotenant who is moving out).
If you violate a lease clause that restricts the number of occupants or requires landlord approval of new roommates, your tenancy could be at stake if your landlord finds out and is unhappy with what you did. These clauses are considered material parts of the lease, meaning that violating them is grounds for your landlord to evict you.
Even if your landlord is not in the area and never stops by (or is not likely to care if a new roommate moves in), it's a good idea to ask for the landlord's consent. The landlord will probably figure out what's going on before long, and probably will resent your sneakiness more than the unauthorized resident.
It's a good idea to put your request for a roommate in writing. You can customize the sample letter below to send to your landlord. Importantly, the letter highlights the potential roommate's ability to pay rent (mentioning their employment), vouches for them personally (noting how long the current tenant has known him), and offers to provide the landlord further helpful information (such as the roommate's credit report and references). Also, by offering to personally pick up a rental application, the tenant makes the process of bringing on the new roommate a bit easier on the landlord.
If the landlord agrees, the landlord will likely want the new tenant (and possibly you) to sign a revised lease making it clear that both of you are tenants and are liable for all the responsibilities under the lease. If the landlord doesn't ask you both to sign a revised lease, be sure to get the landlord's consent to the new roommate in writing.
1500 Redwood Street #4
Chicago, Illinois 00000
June 27, 20xx
Garcia Realty
10 Ocean Street
Chicago, Illinois 00000
Dear Garcia Realty,
I live at the above address, and regularly pay rent to your office.
I would like to add my friend Robert Mason to my lease, as a cotenant. Robert and I have worked together for over seven years in the IT department at Taylor & Company. Robert's supervisor, Jim Barton, will be happy to answer any questions you might have, and Robert will be glad to provide a recent copy of his credit report. You can also contact Robert's current and former landlords for references.
I would like to drop by your rental office this week and pick up a rental application for Robert.
Thank you for your consideration of this request.
Sincerely,
Robin Chung
555-1212
[email protected]
While you're waiting to find out if your landlord will accept your new roommate, consider talking to your potential roommate about what you each expect from one another while living together. You can hammer out any rules in a written roommate agreement. Although roommate agreements aren't always enforceable in court, putting your expectations in writing can help solve minor disputes before they rise to the level of making one of you want to move out.
Also check out Nolo's Roommates site, which has a wealth of information such as what to do when a roommate wants to leave early, doesn't pay rent, or moves out without notice.
For complete details on roommates, including legal limits on occupants, see Every Tenant's Legal Guide or (if you're renting in California) California Tenants' Rights.
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