pseudonym3k
Member
California landlord, experienced with one-year lease SFHs leased to families. Now for the past four years I've also had a SFH leased to 2-4 roommates at a time as co-tenants (jointly and severally liable) that have frequent roommate turnover. (Yes, I always perform full tenant screening and tenants know in writing I must approve all new roommates.)
For those of you with roommate rentals, how do you construct your lease clauses with respect to roommate changes and damages? The rental has always been in perfect condition every time I inspect, but as time goes on I might have to face this scenario.
Four years ago, four roommates signed a one-year lease as co-tenants. Condition of rental was thoroughly documented (photos, videos, and descriptions), before and after move-in walk through documents were filled out and signed, etc. Per the lease, co-tenants are (jointly and severally) liable for all damages beyond reasonable wear and tear unless excepted by me in writing.
One of the original co-tenants departed at 10 months into the lease, and an approved replacement moved in. All remaining co-tenants and I signed a lease addendum 1) Releasing the departing roommate from the lease and refunding their deposit share, 2) Adding the new roommate as co-tenant to the lease and collecting their deposit share, 3) All parties agreed to accept the condition of the property as was documented at the start of the lease, 4) I found no damage at my recent (date) inspection, and 5) No current or past co-tenant had notified me in writing of any damage prior to my signing of this addendum.
The existing co-tenants signed a new one-year lease ("second" lease, for purposes of this post) at lease end two months later. This second lease was written same as the first, except for the condition of property clause, which was worded like the first lease's addendum: It stated all co-tenants and I agreed to accept the condition of the property to be as was documented at the start of the first lease. The first lease with all documentation and the roommate change addendum were attached to the second lease. I had inspected the rental prior to signing and it was still in perfect condition and I documented that.
Each subsequent roommate change has been in a lease addendum as I did for the first lease, and each subsequent one-year lease is the same as the second lease, in that it always refers to the condition of the property as being accepted how it was documented at the start of the first lease. Every lease, documentation, addendums, etc. are attached to each new lease.
Some of my concerns going forward this way are, 1) Even though signed by all as agreeing to accept the condition of the property as was documented four years ago, would that clause be likely to hold up in court should I have to go to collect repair costs? What if it goes six years, or ten years, without a full vacancy? 2) If a co-tenant just "takes off", I inspect and find damage that remaining co-tenants attribute to ex-roommate (and costs are more than ex's deposit share), what handling of this should I state in my lease, to protect myself if the ex-roommate denies responsibility? 3) And many other things I haven't thought of yet...
Thank you for your time and for any thoughts or suggestions on what I should consider changing or doing instead, that will be better for me and for my tenants.
--Kind regards.
For those of you with roommate rentals, how do you construct your lease clauses with respect to roommate changes and damages? The rental has always been in perfect condition every time I inspect, but as time goes on I might have to face this scenario.
Four years ago, four roommates signed a one-year lease as co-tenants. Condition of rental was thoroughly documented (photos, videos, and descriptions), before and after move-in walk through documents were filled out and signed, etc. Per the lease, co-tenants are (jointly and severally) liable for all damages beyond reasonable wear and tear unless excepted by me in writing.
One of the original co-tenants departed at 10 months into the lease, and an approved replacement moved in. All remaining co-tenants and I signed a lease addendum 1) Releasing the departing roommate from the lease and refunding their deposit share, 2) Adding the new roommate as co-tenant to the lease and collecting their deposit share, 3) All parties agreed to accept the condition of the property as was documented at the start of the lease, 4) I found no damage at my recent (date) inspection, and 5) No current or past co-tenant had notified me in writing of any damage prior to my signing of this addendum.
The existing co-tenants signed a new one-year lease ("second" lease, for purposes of this post) at lease end two months later. This second lease was written same as the first, except for the condition of property clause, which was worded like the first lease's addendum: It stated all co-tenants and I agreed to accept the condition of the property to be as was documented at the start of the first lease. The first lease with all documentation and the roommate change addendum were attached to the second lease. I had inspected the rental prior to signing and it was still in perfect condition and I documented that.
Each subsequent roommate change has been in a lease addendum as I did for the first lease, and each subsequent one-year lease is the same as the second lease, in that it always refers to the condition of the property as being accepted how it was documented at the start of the first lease. Every lease, documentation, addendums, etc. are attached to each new lease.
Some of my concerns going forward this way are, 1) Even though signed by all as agreeing to accept the condition of the property as was documented four years ago, would that clause be likely to hold up in court should I have to go to collect repair costs? What if it goes six years, or ten years, without a full vacancy? 2) If a co-tenant just "takes off", I inspect and find damage that remaining co-tenants attribute to ex-roommate (and costs are more than ex's deposit share), what handling of this should I state in my lease, to protect myself if the ex-roommate denies responsibility? 3) And many other things I haven't thought of yet...
Thank you for your time and for any thoughts or suggestions on what I should consider changing or doing instead, that will be better for me and for my tenants.
--Kind regards.
