An add/remove tenant lease amendment is a document permitting the inclusion or exclusion of a tenant from an existing lease agreement. This type of amendment is typical among roommates or tenants in romantic partnerships.
Following a breakup, the departing individual frequently asks the landlord to be released from the lease. Conversely, when a new occupant moves in, landlords often require that this individual be officially added to the lease.
Why Use an Amendment to Add or Remove a Tenant?
Changing Circumstances
Tenants’ situations can change after signing their lease, prompting the need to modify their rental agreement. Common reasons include:
- New Relationships: A tenant may want to live with a new significant other. Lease agreements typically require that all residents be formally listed.
- End of Relationships: After a breakup, a tenant may need to be removed from the lease to move out.
- Financial Changes: If facing a pay cut or unexpected expenses, a tenant might want to bring in a roommate to share costs.
Legal and Practical Reasons for Formal Amendments
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Resolution of Legal Obligations:
- Liability for Rent: An individual who moves out without a formal amendment remains responsible for rent and other lease-related costs.
- Security Deposit: The departing tenant must wait until the lease ends to receive their portion of the security deposit back.
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Avoiding Future Legal Issues:
- Lease Responsibility: The original lease holds only the signatory tenants accountable. Adding new tenants through an amendment ensures that all residents are legally bound to the lease terms.
Proactive Landlord Actions
Landlords should actively manage their properties to prevent unauthorized occupancy:
- Inspections and Inquiries: Landlords may conduct routine checks or ask tenants directly to ensure compliance with the lease.
- Handling Violations: If a lease violation is suspected, landlords should issue an Unauthorized Occupant Violation Notice immediately.
Managing Tenant Changes in Lease Agreements
Adding or removing a tenant involves a clear process to ensure all legal and practical aspects are covered. Here’s a streamlined guide to manage this process effectively:
Adding a Tenant
Obtain a Written Request
Request a written application from your current tenant if they want to add another person, like a partner or roommate. This formal request helps avoid hasty decisions and provides clarity on what is being asked.
Check Property’s Occupancy Limit
Verify that adding another person won’t exceed the property’s legal occupancy limits, which typically allow two people per bedroom plus one.
Acquire a Completed Rental Application
Have the potential new tenant fill out a rental application to conduct background and reference checks. Ensure they meet the standard leasing qualifications without exception.
Make a Decision
Based on the tenant checks’ findings, decide whether to approve or deny the application. Communicate your decision in writing to both the current and prospective tenant, explaining any denials clearly.
Review Lease Details with Tenants
If approved, discuss the new lease terms, including any additional security deposit required. Have all parties sign the updated lease or amendment and distribute copies.
Removing a Tenant
Check the Lease Agreement
First, review the terms of your existing lease to understand the conditions under which a tenant can be removed, whether by mutual agreement or for breach of contract.
Communicate with the Tenant
Discuss the situation with the tenant to see if they are willing to voluntarily leave the lease. If the tenant agrees, this can be the simplest solution.
Issue a Formal Notice
If the tenant does not agree to leave, you may need to issue a formal notice of eviction based on the grounds specified in your lease or local laws (e.g., non-payment of rent, violation of lease terms).
File for Eviction if Necessary
Should the tenant refuse to vacate after a formal notice, the next step is to file for eviction with the local court. Ensure you follow all legal procedures to avoid potential legal repercussions.
Finalize the Removal
Once the eviction is approved or the tenant agrees to leave, make sure to update your lease documents and check the property for any damage or issues that need addressing before re-renting.
Can a Landlord Deny Adding or Removing a Tenant from a Lease?
A landlord can deny adding or removing a tenant based on legitimate grounds such as capacity limits, financial stability, or lease violations. However, decisions must comply with The Fair Housing Act, ensuring no discrimination based on race, color, religion, sex, national origin, disability, or familial status.
What to Include In an Add/Remove a Tenant Amendment
When drafting, include:
- Type of Amendment: Specify adding or removing a tenant.
- Amendment Date: The date when the amendment is signed.
- Landlord’s Details: Name and business address.
- Tenant’s Details: Name and rental property address.
- Original Lease Date: Date of the original lease agreement.
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Amendment Details:
- For Adding: Check the option to add, list the new tenant’s name, and confirm their agreement to the original lease terms.
- For Removing: Check the option to remove, list the exiting tenant’s name, and state their release from the lease while noting that remaining tenants still abide by it.
- Signatures: Landlord’s and tenant’s signatures with dates.
Additional considerations:
- Rent Increases: Adjust the rent amount when adding tenants.
- Security Deposit: Increase deposit to cover potential damages from additional occupants.
- Move-In/Out Dates: Specify exact move-in or move-out dates if not on the signing day.
- Miscellaneous: Address any specific impacts, such as changes in parking availability.
Opting for a New Lease
In certain situations, drafting a new lease agreement might be more appropriate than adding an addendum. This approach is often favored when substantial changes are needed, such as when adding a new tenant or starting a new lease term.
Add/Remove Tenant Amendment Sample
