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Old 11-30-2012, 02:08 AM
 
7 posts, read 7,608 times
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I'm about to sign a lease on my first SF apartment with my roommate. We each received a separate lease agreement, listing the full amount of the rent. In the past, I've seen multiple tenants sign the same lease (that has a joint and severally clause).

Is this common practice? I don't want my roommates and I to be legally liable for 2x the rent.

Any help is greatly appreciated. It's taken a ton of effort to find a place in the city, but I don't want to rush into a unfair lease agreement.
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Old 11-30-2012, 04:58 AM
 
Location: Baghdad by the Bay (San Francisco, California)
2,773 posts, read 1,695,560 times
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You aren't on the hook for two times the rent, but you are responsible for the entire amount if your roommate skips on you.
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Old 11-30-2012, 11:33 AM
 
Location: Bay Area
3,143 posts, read 4,554,724 times
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Quote:
Originally Posted by calengineer View Post
I'm about to sign a lease on my first SF apartment with my roommate. We each received a separate lease agreement, listing the full amount of the rent. In the past, I've seen multiple tenants sign the same lease (that has a joint and severally clause).

Is this common practice? I don't want my roommates and I to be legally liable for 2x the rent.

Any help is greatly appreciated. It's taken a ton of effort to find a place in the city, but I don't want to rush into a unfair lease agreement.
Yes. It's completely common and perfectly acceptable if you are both over 18. The landlord is concerned about getting the ENTIRE amount and it's in his best interest to do it this way. If he didn't have separate leases, if one of you cannot pay their portion, then yes...you (or someone else) needs to cover it. He's protecting himself from this sort of situation and can go after anyone on the lease.
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Old 11-30-2012, 07:10 PM
 
14,048 posts, read 25,894,179 times
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The trend is to present separate agreements so there is no misunderstanding regarding responsibility

Most rental agreements will have a clause stating each singer is jointly and separately liable for rent and damages.

I've managed a few roommate rental situations and almost all were more involved...

Could be as simple as clashing personalities to one roommate stealing from another... and let's not forget illegal activity.

Very important to realize the full extent of what you are signing for... I would rather have a studio on my own as opposed to a larger unit where the actions of another impact me directly.
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Old 12-02-2012, 05:58 PM
 
7 posts, read 7,608 times
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In the past, my roommates and I signed a single lease agreement that had a specific clause addressing the fact that each individual was on the hook for the entire rent.

In fact this particular lease agreement that I'm faced with now also has this "joint and severally" clause. With this in mind, is there further benefit for the landlord (and any disadvantages for me) to having 2 separate lease agreements?
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Old 12-02-2012, 06:49 PM
 
Location: San Francisco
622 posts, read 418,334 times
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Yeah, it's standard in the sense that the landlord is making sure that all roommates know they're on the hook for the entire amount of the rent should someone decide to skip out.

There are different ways to make sure tenants are aware that the landlord exports to be paid the full amount no matter who pays it.
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Old 12-03-2012, 10:20 AM
 
5,539 posts, read 5,088,892 times
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Quote:
Originally Posted by Ultrarunner View Post
The trend is to present separate agreements so there is no misunderstanding regarding responsibility

Most rental agreements will have a clause stating each singer is jointly and separately liable for rent and damages.

I've managed a few roommate rental situations and almost all were more involved...

Could be as simple as clashing personalities to one roommate stealing from another... and let's not forget illegal activity.

Very important to realize the full extent of what you are signing for... I would rather have a studio on my own as opposed to a larger unit where the actions of another impact me directly.
Me too Ultrarunner, even if it means having to travel a good distance away to or from work.

There is nothing like you're own.
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Old 12-04-2012, 10:29 PM
 
196 posts, read 208,588 times
Reputation: 120
Quote:
Originally Posted by calengineer View Post
I'm about to sign a lease on my first SF apartment with my roommate. We each received a separate lease agreement, listing the full amount of the rent. In the past, I've seen multiple tenants sign the same lease (that has a joint and severally clause).

Is this common practice? I don't want my roommates and I to be legally liable for 2x the rent.

Any help is greatly appreciated. It's taken a ton of effort to find a place in the city, but I don't want to rush into a unfair lease agreement.
Make sure your lease agreement doesn't say, like in the middle of the 5 page document:

"No loud music past 9pm. No smoking in the apartment. Rent is $3000 due at the 1st of the month. It is to be paid entirely by calengineer. In the event of early move out rent will not be prorated. The apartment must be kept in the same condition...."
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Old 12-05-2012, 10:52 AM
 
404 posts, read 423,637 times
Reputation: 278
I totally agree with Utrarunner about the roommate situation, I think that it is better renting by yourself than with roommates because they are so unpredictable and unreliable at times. Back when I lived in the city I manage to have a few roommates at different times, I know I wasn't suppose to do this, but I would charge my roommates rent with out the landlord knowing that I had a roommate.
If things would go bad I would just evict my roommate and be done with; that was during to Dot Com Boom era so I would subsidize my own finances since I wouldn't charge that much for rent and no one lived with me for over a year and I never made a profit. Yeah I know It was scandalous but things were much different then and dealing with high rents was just to outrageous when you lived from pay check to pay check.
I know it's different now and times have gotten way to expensive, some people have had to move way from San Francisco because they have been out priced while others have no choice but to roommate with someone; but where there is a will there is way.
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