Roommate Agreement Question (Lexington: sublease, apartments, leases)

[MizterKewl]

My apartment states that i'm not allowed to sublease, but I can add someone to my lease. So if I add someone to my lease I can make my own personal rules, such as, rent not being split or evictions rules...right?

[AnsleyPark]

You can always have a side agreement with your roomate with respect to certain matters. But, if your roomate fails to pay her / his half of the rent, the landlord will still look to you for the whole amount. I suppose in that case, though, you roomate agreement would require the roomate to eventually reimburse you and to move out.

[LexingtonDad]

If you add someone to your lease they become an equal partner in the apartment. The same rules that apply to you will apply to them. This is an advantage for the landlord because he now has 2 people that have declared that they are financially responsible for the rent, damages, etc. Any side deals you and your roommate make are none of his business but if your roomie doesn't pay their share you are still responsible for the total rent amount and vice-versa. You have no ability to evict or enforce any other conditions on your co-leaser.

I have heard about landlords that do separate leases for the same apartment to accommodate roommate arrangements (usually in college student situations). Have you asked about something like that? At least then you would only be on the hook for your share.

I'd think long and hard about adding someone to the lease. If things go bad and you need them to move out mid-lease you won't have a leg to stand on.

[noah]

LexingtonDad is right. You can't just make up any rules you want -- there are landlord tenant laws. If you add someone to your lease both you and them are liable for the rent and all lease requirements. Its no different then if you cosigned a friends lease because they had bad credit. If your friend doesn't pay you are responsible for it and have to pay. The only one that could evict would be the landlord based on non performance of the lease (either non payment or some other issue as outlined in the lease).

[MizterKewl]

oh ok. though if i don't add someone to my lease and just have them live with me and make some type of "roommate arrangement" is that not considered subleasing? Which in most apartments is not allowed.