If, you are thinking of taking on a roommate, in order to save some money by splitting the rent between two people, then bear in mind, it is most likely; you will be asked to increase the rent by your landlord, if he / she agrees to an additional tenant. An increase in rent is most probably based on the theory that more residents translates into more property wear and tear. Since, adding a roommate to a lease means signing a new lease or rental agreement; in effect it means a new tenancy is beginning. This allows the landlord to increase rent with immediate effect, instead of giving the usual 30-days notice for a month-to-month rental agreement, or when the lease ends.

The only way an increase in rent may not be forthcoming is, if your rental unit is covered by rent control laws. In case, it is not, then your landlord is justified in asking for extra rent, as the market will testify.

As well, your landlord will also be legally entitled to change other conditions of your tenancy when a roommate is added on and puts his / her signature on a new agreement. The first change will be an increase in the security deposit amount. However, this should not pose too much of a problem, as many states limit the amount that can be charged. A general rule of thumb is a couple of month’s rent.

Tenants wishing to split the rental burden with a roommate, or just needing to replace a departing roommate, it is always makes for a good idea to check with your landlord, before allowing anyone to move in. And, you will find most landlords are firm about ensuring your new roommate is listed as a co-tenant, having the same rights and responsibilities as you in the rental lease or agreement.

Before, agreeing to take on a new roommate, ensure he / she is financially stable and temperamentally well-suited to you. However, being satisfied with your prospective co-tenant does not mean your landlord will agree with you. To increase the chances of getting an official thumbs up, consider the following questions before approaching your landlord:

1. Whether, adding a roommate will exceed the occupancy limit? State laws entitle landlords to set reasonable limits on the number of occupants per rental unit. A general rule of thumb is two persons per bedroom, though certain cities, such as, New York City allow more.
2. If, your new roommate will meet your landlord’s ideal-tenant criteria? As you know, most landlords make prospective tenants undergo a thorough tenant screening process i.e. credit checks, employment and rental history, including reference checks. Therefore, it would be a good idea to get your prospective roommates to obtain a credit report. Hand it over to your landlord, along with your proposed roommate’s rental application. No doubt, your landlord could get the report himself / herself, however, doing it first allows you to think up a plausible explanation for any negative information, such as, a prior eviction or bankruptcy.

Unless, you are good personal terms with your landlord, it would be better to ask in writing, whether you can add a roommate to your lease or rental agreement.

Learning about the legal rights and responsibilities of roommates helps to make sharing an apartment or home, a whole lot easier. Choosing roommates with care is important, and they should not be selected, simply because you have a good time partying together. An enjoyable party mate may not necessarily translate into a considerate roommate; one enjoys sharing a place with. Before, zeroing in on one, consider the following:

1. A potential roommate’s personality.
2. His / her lifestyle and health habits.
3. What his / her budget looks like.
4. The kind of friends he / she hangs out with.
5. Whether, your roommate comes with pets, and if so, what sort?

Once, the selection of roommates is over, it is a good idea to draw up an agreement and put everything in writing. Your written agreement should consider and include the following issues:

1. How the rent, utilities and security deposits will be split and paid.
2. Any house rules relating to pets and pet security deposits.
3. Draw out the smoking or non-smoking zones in the shared accommodation.
4. All roommates should be unanimous regarding partying hours or drug use, i.e. whether, allowed or not allowed.
5. Late hours and noise levels.
6. Whether, overnight guests are allowed, and if so, how often.
7. If, food and cooking duties are to be shared.
8. Cleaning schedules and how household chores are to be shared.

While, it is not possible for anyone to force a roommate to do his / her share of the dish-washing ceremonies, or to be as silent as a mouse, when other roommates are sleeping, however, the judge of a small claims court can enforce agreements, as to how rent and utilities are paid.

If, there are going to be any roommates, then each one should sign the rental agreement, which makes each responsible for paying the entire rent, every month.

In case, a lease has already been signed and you have moved in, it will be necessary to get the landlord’s approval for adding another roommate, and most likely Mr. Landlord will want to check your potential roommate’s credit history, and additional security deposit, including pet deposit, if your roomie comes with one.

Perhaps, you might see an increase in rent, because of the extra person, and your landlord may require you to sign an entirely new lease for adding a new roommate.

Before, taking on a roommate, it is best to remember, if your roommate doesn’t pay the rent, or damages the place, or makes too much noise, the landlord is legally within his rights to hold everyone responsible. In case, your roommate doesn’t pay rent on time, the best idea is to encourage him / her roommate to move out.

Even when the best of friends agree share an apartment or house, there is bound to be a falling out i.e. agreements or disagreements arise, when a roommate plays the music too loud, or doesn’t wash the dishes when it is his / her turn to do it, or is habitually late in paying his / her share of the rent, or has a bunch of people staying overnight almost every day, or leaves dirty, smelly clothes lying around, even on the dining table. The situation can turn quite ugly, when one has a roommate, who simply drives one nuts, and can lead to an argument as to who should move out of the rental unit.

While, any informal agreements that roommates chalk out, on how to split the rent, or who gets which bedroom, including sharing of chores, do not bind a landlord to them, nor do landlords have any power to enforce them.

To avoid any unpleasantness, it is wise to anticipate possible problems right from the beginning, and choose roommates, who are not only compatible, but are open to sensibly resolving any disputes that may arise. Before, moving in or signing a rental agreement, it is wise for future roommates to sit down and create their own agreement that covers major issues that may crop up, as a result of shared accommodation, such as:

1. Rent: Decide on everyone’s share of the rent, as well as, who will be responsible for making out the rental cheque. That, is because, landlords prefer to receive only one rental cheque, unless, agreed otherwise.
2. Space: Avoid any squabbles over bedrooms by deciding the issue, before signing any rental lease or agreement or moving in.
3. Household chores: Draw up a cleaning schedule, and spilt the household chores amongst all roommates.
4. Food Costs: Similarly, split food costs, including grocery shopping, and cooking responsibilities, as well.
5. Noise: Decide on permissible noise levels for music systems and TVs.
6. Overnight guests: Come to an agreement over, whether boyfriends or girlfriends can stay over every night?
7. Moving out: If, a roommate wants to move out, notice period to be given should be decided on, including whether a departing roomie is responsible for finding a suitable replacement.

Everything should be put down in writing and signed by all roommates to avoid any unpleasantness later on. Be as specific as possible, especially on important issues, whether it is dirty dishes in the sink, or if it’s a roommate’s (non-rent-paying) boyfriend / girlfriend taking over the bathroom each morning. While, not a legally binding agreement, if taken to court, a judge may not order a roommate to carry out his / her share of the household chores, however, he / she will enforce financial agreements, such as how rent is to be shared.

At this point, it is well to remember that one cannot terminate the tenancy of one’s roommate by filing an eviction suit. That is permissible only, when one has sublet a portion of the rental accommodation, and is a sub-lessee landlord, or sub-landlord. However, there is another exception, when rentals are governed by certain rent control statutes, such as, those prevalent in San Francisco. According to a Californian rent control stature, a landlord can designate a ‘master tenant’, usually, a long-term tenant who is there first, to perform many of a landlord’s functions. Master tenants have the right to select, as well as, evict co-tenants.

A roommate moving in or out can seriously affect a tenant’s relationship with his / her landlord. When two people sign a lease or rental agreement together, or even orally commit themselves as co-renters, in the eyes of the law they are to be viewed as co-tenants, with equal legal rights and responsibilities. However, in a special twist to the tale, a co-tenant’s negatively bad behaviour can have a profound effect on the other roommate’s tenancy.

Take for example, a scenario in which one of two roommates is refusing to pay his / her share of the rent. How the two split the rent between themselves, whether half and half, or an unequal division, is a decision dependent on their agreement with each other. Nevertheless, such agreements do not affect the landlord, as each co-tenant is independently liable to him / her for the entire rental amount. Read your lease or rental agreement carefully, co-tenants are often reminded by landlords of this obligation, by a string of legalese confirming the ‘joint and several’ liability of tenants, for paying rent and adhering to the lease or agreement terms. In the event, one tenant is unable to pay his / her share of the rent, or quite simply moves out, the other or remaining tenant(s) will be held liable for paying the full rent.

And, as a general rule, landlords insist on receiving just one rental cheque, as multiple cheques from co-tenants can prove to be a bit of a bother. As long as this policy is contained in the rental agreement or lease, it is entirely legal for a landlord to impose it.

Moreover, if one roommate violates a lease or rental agreement, a landlord is within his / her legal rights to hold all co-tenants responsible for the adverse actions of one of them. As well, he /she can also terminate everyone’s tenancy after issuing an appropriate notice. In other words, even if only one of them seriously damages the property, or otherwise violates the lease or rental agreement, both can be held liable, and if a landlord so wishes, he / she can evict both of them.

However, a number of landlords, in practice, act in a rather humane manner by sometimes ignoring the legal rule that holds all tenants equally liable for lease violations. They only penalise the guilty one, letting others of the hook. After that, it depends on the non-guilty parties to convince the landlord they should be allowed to stay on, and not face eviction because of their ex-roomie’s behaviour.

As for landlords, they should view taking of necessary precautions, such as, screening tenants and conducting background checks on prospective tenants, including ensuring whatever is promised in the rental lease is provided, as their insurance for a litigation free landlord / tenant relationship. A simple click of the mouse and any landlord or property manager can visit www.e-renter.com for tenant screening and background check services. www.e-renter.com, the best tenant screening agency in America!