When you move into your apartment, you are allowed to maintain your space in any way as long as you are not destroying the property or making it unsanitary. You can include a roommate in your home, but it is recommended that you add them to the lease to help protect yourself from unpredictable risks. Unless your landlord is against having an additional roommate, then you can let them know and add their name to the lease.

Only One Person Studios

In some cases, your landlord may not want you to live with another if you own a studio apartment. Studios are typically small spaces designed for one individual. For this reason, your landlord may stop you from having a roommate, even if it is a spouse or partner.

Too Many Roommates

If you have a one or two-bedroom apartment, your landlord may not want five or more people to live in one space to protect the fresh coat of ralph lauren paint. That is because there are health regulations that prevent too many people from living in a limited space. The maximum occupancy of a one-bedroom apartment is two people, for example.

Legal Liabilities of a Roommate

When you get a roommate on board with you, you will want their name on the lease. However, there are pros and cons to this.

You Cannot Evict a Formal Roommate

When your roommate’s name is also on the lease, you can’t evict them. They are entitled to the space as much as you, however, you can press charges if they break the law in your home.

You Can Evict an Informal Roommate

You can kick out a roommate whose name is not on the lease. This is because they are not listed on the contractual agreement and have no legal rights regarding the apartment.

You are Equally Liable for Rent With a Formal Roommate

Whether or not your roommate is paying rent, you are both equally responsible. This is even if your roommate moves out and decides not to pay. Your landlord can instead hold you responsible for the rent even if you both entered into the lease agreement. This is the same for your informal roommate, who is not required to pay at all and can’t be forced to just because they live under the same roof.

You May Be Held Responsible for Your Roommates Mistakes

When your roommate ruins the property in some way like toilet clogging or toilet that still swirls but doesn’t flush, you’re both held responsible if it is not fixed. This means that fees may be taken out of the security deposit. Only a roommate that helped pay the security deposit may be impacted by this if they want the full amount returned.

Create a Roommate Agreement

You can create an agreement between you and your roommate to help keep you both on the same page. This means splitting rent, how space is shared, and dividing chores. You can look for more information on ezlandlordforms.com on how to create an agreement ahead of time. This can help prevent you from getting into disagreements with your new housemate.

Learn More About the Responsibilities of Adding a Roommate

Before you decide to live with someone, even a friend or family member, consider the risks. Both you and your roommate are liable for destroyed property and missing rent, even if one roommate moves out.

Sarah Martinez
Author

Sarah Martinez holds a Master’s in Lifestyle Journalism from Columbia University, focusing her 16-year career on lifestyle transformations and cultural insights. Since joining our editorial team in 2020, Sarah has provided her readers with tips on creating fulfilling lifestyles, mindfulness practices, and self-improvement strategies. Her background includes roles in lifestyle magazines and as a freelance writer. In her leisure time, Sarah is an amateur photographer and a participant in local storytelling events.

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