Can I Move Into an Apartment With Others Without a Lease?
So you and your best buddies have decided that it is time to move out on your own and seek an apartment together. This is an exciting time but can end in a variety of problems involving you, your fellow tenants and the landlord --- particularly if you don't have a formal agreement. Explore the potential issues involved with moving into an apartment with others without a lease.
What is the Lease?
Examine the common terms of a lease to understand its importance. A lease is a legally binding contract between you and the landlord for renting out the space, in this case an apartment for residential living. The lease outlines the rights and responsibilities of renters and the landlord. It includes the term of the rental, the rent price, security deposit, time line for apartment repairs and the landlord's rights of entry among other important details. In the case of multiple tenants, it also includes the name of each person who will occupy the apartment.
Moving in Without a Lease
It is possible to move into an apartment with others without a formal lease but is not a wise decision for a number of reasons. For one, since the rights and responsibilities of the landlord are not clearly outlined you may have trouble getting repairs. The landlord has not established guidelines regarding the termination of your lease, so he may be able to ask you and your friends to leave whenever he wants. If you have to pay a security deposit, you do not have written proof of the amount and the circumstances where the landlord can keep the deposit. Responsible landlords sign formal leases with tenants.
Considerations
If you do not sign a lease along with the other renters, another set of complications arises if you have disputes between you and your friends while renting the space. For instance, if one person decides to leave the apartment early or doesn't pay his fair share of rent, the lack of a formal lease could make it difficult for you to seek compensation for his part of the rental arrangement.
Suggestions
If you're unfamiliar with the process of renting an apartment, study your state's landlord-tenant laws before you start your search. The laws differ by state, so the way one state chooses to recognize a verbal rental lease agreement is not the same as the next. State laws also guide the acceptable terms that a landlord should include in a written lease.
Other Considerations
If you're a new proposed tenant who wants to move into an apartment with a group of friends who have a lease already, you have to read the terms of the lease. In many cases, landlords include clauses prohibiting sub-leasing or move-in by individuals not listed on the lease. If you or your proposed roommates violate these clauses, the landlord could ask you and the tenants to leave. To avoid these issues, ask the landlord to modify the lease to add your name before you move in.
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