Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
I'm thinking of drafting a roommate agreement for my next roommate and I'm wondering how enforceable it is. The roommate upon moving in will be added to the lease as a co-tenant. The apartment is situated in Santa Monica, CA.
In particular, I want to add a few clauses related to:
1) Rent proportion - main lease I have with the landlord only states total rent, so in the separate roommate agreement I'll spell out how much of the rent each person is responsible for.
2) Maximum stay in apartment - My spouse will be moving in after she completes her studies abroad. If I imposed a maximum span of time the incoming roommate could stay (e.g., 1-2 years), would this be enforceable? Can the length of time be varying, say 2 years but renegotiable?
Do the courts usually enforce roommate agreements, and if so does it provide enough reason to evict the roommate if violated?
I'm thinking of drafting a roommate agreement for my next roommate
and I'm wondering how enforceable it is.
About zero. Ultimately... the only real "enforcement" tool you have is eviction.
Focus on the mutual benefit of cooperation and kindness.
Don't sweat the small stuff.
Quote:
The roommate upon moving in will be added to the lease as a co-tenant.
If the landlord has to get involved their only real tool is to evict the lot of you.
Quote:
Do the courts usually enforce roommate agreements
They have far more important business.
Quote:
My spouse will be moving in after she completes her studies abroad.
What time frame does this project out to? This spring?
How many bedrooms for all of these adults?
Wise LL's will want to see no less than a 1:1 ratio...
and individual ability to pay MORE than their equal share.
So the roommate will have a lease with the landlord and a lease with you?
New roommate will sign the usual lease with landlord. The roommate agreement is just a separate contract I am thinking of drafting with the new roommate.
New roommate will sign the usual lease with landlord. The roommate agreement is just a separate contract I am thinking of drafting with the new roommate.
The roommate is bound by the lease with the landlord just as you are. You can't impose any time restraints on the roommate which contradict the lease terms. If you want to do so then you will have to (and only if the LL agrees in writing) enter into a sublease agreement with the roommate.
Yes, 3:2 after she moves in.
The plan is that my spouse and I will stick with our bedroom.
Is that a source of concern?
It sure can be and even if your term spouse = legally married.
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
