Co-Renting Disputes

November 7, 2009
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Co-Renting Disputes

Co-renting, or renting the same rental agreement or lease, leaves people involved with equal rights and responsibilities towards the leased estate. However, there are circumstances that not all cotenants are as prompt, as responsible and as conscientious as the other inhabitants – and this type of cotenant greatly affects other renters.

Below are situations you may find in a cotenant of yours.

* When One Roommate Doesn’t Pay Rent

Cotenants may decide to split the rent equally or unequally, depending on their personal wishes. Each cotenant is independently liable to the landlord for all of the rent. If one tenant can’t pay a share of the rent in a particular month, or simply moves out, the other tenant(s) must still pay the full rent.

* When One Roommate Violates the Lease or Rental Agreement

A landlord can legally hold all cotenants responsible for the negative actions of just one, and terminate everyone’s tenancy with the appropriate notice. In practice, however, landlords sometimes ignore the legal rule that all tenants are equally liable for lease violations, and don’t penalize a blameless one. If the non-offending roommates pay the rent on time, do not damage the landlord’s property, and can differentiate themselves from the bad apple in the landlord’s eyes, the landlord may want to keep them.

* Disagreements Among Roommates

For all sorts of reasons, roommate arrangements regularly go awry. If you have shared an apartment or house, you know about roommates who play the stereo too loud, never wash a dish, pay their share of the rent late, have too many overnight guests, leave their gym clothes on the kitchen table, or otherwise drive you nuts. If the situation gets bad enough, you’ll likely end up arguing with your roommates about who should leave.

* Roommate Agreements

Roommates can make lots of informal agreements about splitting rent, occupying bedrooms, and sharing chores. Your landlord isn’t bound by these agreements, and has no power to enforce them, but making an agreement can force you and your housemates to take your co-tenancy responsibilities seriously.

Discuss these major issues:

1. Rent. What is everyone’s share? Who will write the rent check if the landlord will accept only one check?
2. Space. Who will occupy which bedrooms?
3. Household chores. Who’s responsible for cleaning, and on what schedule?
4. Food sharing. Will food, shopping, and cooking responsibilities be shared? How will you split the costs and work?
5. Noise. When should stereos or TVs be turned off or down low?
6. Overnight guests. Is it okay for boyfriends/girlfriends to stay over every night?
7. Moving out. If one of you decides to move, how much notice must be given? Must the departing tenant find an acceptable substitute?

It’s best to put your understandings in writing. To underline the roommates’ commitment, it’s wise to include a clause requiring cotenants to participate in mediation before one of you breaks the agreement by moving out or running off to court.

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