Should I jointly sign a lease with strangers?
October 28, 2010 9:26 AM Subscribe
DC-Lease-Filter: Should I jointly sign a lease with 2 roommates I just met, wherein each roommate is "jointly and severally responsible for each and every provision in the lease" - including the total rent for the house?
Both of the roommates seem like they are responsible and normal, and have steady jobs. One has been living in the place for a while, one is about to move in like me. But like I said, I just met them.
I have not asked the landlord if each of the 3 roommates can sign a separate lease, but if the answer is "no" I need to make a quick decision about whether to back out or not. Is it common practice in DC for strangers to jointly sign a lease like this? Could I really be responsible for another roommate's rent if he ran out of money?
Also, if on the off-chance the landlord is willing to let us rent month-to-month instead of signing a lease, should I request a signed rental agreement?
Both of the roommates seem like they are responsible and normal, and have steady jobs. One has been living in the place for a while, one is about to move in like me. But like I said, I just met them.
I have not asked the landlord if each of the 3 roommates can sign a separate lease, but if the answer is "no" I need to make a quick decision about whether to back out or not. Is it common practice in DC for strangers to jointly sign a lease like this? Could I really be responsible for another roommate's rent if he ran out of money?
Also, if on the off-chance the landlord is willing to let us rent month-to-month instead of signing a lease, should I request a signed rental agreement?
Does the lease specify that you can swap in a new roommate at anytime? Or will the new roommate need to be approved and added to the lease?
I'd say this is not a great plan.
posted by countrymod at 9:46 AM on October 28, 2010
I'd say this is not a great plan.
posted by countrymod at 9:46 AM on October 28, 2010
Would you co-sign a loan for either of these people, based upon what you know about them today? Co-signing the lease puts you in the same position with the exception that the risk is open ended. I wouldn't do it, but that's just me.
posted by Old Geezer at 9:46 AM on October 28, 2010
posted by Old Geezer at 9:46 AM on October 28, 2010
Response by poster: Thanks for the responses so far!
countrymod: Right now it says that any replacement roommate would need to be approved by the landlord. But that may change...
posted by catquas at 9:59 AM on October 28, 2010
countrymod: Right now it says that any replacement roommate would need to be approved by the landlord. But that may change...
posted by catquas at 9:59 AM on October 28, 2010
Isn't this standard? That doesn't mean that you shouldn't be worried -- like you said, you just met these people -- but it may be unavoidable.
posted by madcaptenor at 10:05 AM on October 28, 2010
posted by madcaptenor at 10:05 AM on October 28, 2010
I've signed two leases like that in DC. Here is some information from GW about joint and several liability.
posted by yarly at 10:09 AM on October 28, 2010
posted by yarly at 10:09 AM on October 28, 2010
All of the leases for my rental properties had that "jointly and severally" clause. It protects the landlord from finger-pointing when/if someone flakes.
posted by cyndigo at 10:16 AM on October 28, 2010
posted by cyndigo at 10:16 AM on October 28, 2010
This is pretty standard -- you don't really want to have the landlord responsible for trying to rent out one specific bedroom in your apartment -- then he might choose someone you haven't gotten to vet/choose/interview.
If you feel comfortable trusting these people with access to your belongings, with living with them (even if you don't know them well), you'll also have to trust them paying their rent on time.
Maybe get references from them?
posted by polexa at 10:42 AM on October 28, 2010
If you feel comfortable trusting these people with access to your belongings, with living with them (even if you don't know them well), you'll also have to trust them paying their rent on time.
Maybe get references from them?
posted by polexa at 10:42 AM on October 28, 2010
I would never advise a client to do that. I am a DC attorney. This is not legal advice directed at you, however, your situation may vary.
However, every fucking joint lease I have signed in this town (DC) has that clause and the landlords will insist on it and I see their point.
Does that help?
posted by Ironmouth at 11:00 AM on October 28, 2010
However, every fucking joint lease I have signed in this town (DC) has that clause and the landlords will insist on it and I see their point.
Does that help?
posted by Ironmouth at 11:00 AM on October 28, 2010
IANYL or a DC barred attorney, but I did used to live and rent there!
And yes you could definitely be on the hook if your roommates bailed. Of course that wouldn't prevent you from turning around and suing them for skipping out on you. Presuming you could find them and they actually had any money. This really is the give and take of having roommates. You save money, but have to up your liability because you're on the hook for a 2, 3, or 4 bedroom place rather than just a 1 bedroom and you have less control over whether things get damaged, but you take that risk in order to save a lot of money on rent.
I signed a lease with 2 strangers when I moved to DC. Of course, I met these people at a law school housing week so I at least knew they were sticking around for the next year and had either loans or their parents to pay their rent for that time. I wouldn't be signing a lease with anyone who is in DC to work on a campaign and doesn't have a steady job after that.
In my experience, while this sucks, this is pretty standard. Especially somewhere like DC where the rental market is really rough. You have very little bargaining power. Of course it never hurts to ask! I should say I don't know anyone in DC who had a month to month lease from the beginning (unless we are talking a short term sublease situation). It really just isn't done on the east coast in my experience. I would not expect to find a month to month place where the landlord was willing to sign separate leases for all the roommates unless it was in a pretty undesirable part of town and the place itself was pretty undesirable.
And I agree with Ironmouth 100%.
posted by whoaali at 11:08 AM on October 28, 2010
And yes you could definitely be on the hook if your roommates bailed. Of course that wouldn't prevent you from turning around and suing them for skipping out on you. Presuming you could find them and they actually had any money. This really is the give and take of having roommates. You save money, but have to up your liability because you're on the hook for a 2, 3, or 4 bedroom place rather than just a 1 bedroom and you have less control over whether things get damaged, but you take that risk in order to save a lot of money on rent.
I signed a lease with 2 strangers when I moved to DC. Of course, I met these people at a law school housing week so I at least knew they were sticking around for the next year and had either loans or their parents to pay their rent for that time. I wouldn't be signing a lease with anyone who is in DC to work on a campaign and doesn't have a steady job after that.
In my experience, while this sucks, this is pretty standard. Especially somewhere like DC where the rental market is really rough. You have very little bargaining power. Of course it never hurts to ask! I should say I don't know anyone in DC who had a month to month lease from the beginning (unless we are talking a short term sublease situation). It really just isn't done on the east coast in my experience. I would not expect to find a month to month place where the landlord was willing to sign separate leases for all the roommates unless it was in a pretty undesirable part of town and the place itself was pretty undesirable.
And I agree with Ironmouth 100%.
posted by whoaali at 11:08 AM on October 28, 2010
If you don't want to sign a lease with a joint & several clause, then you don't want to be living with roommates. There really isn't any middle-ground.
posted by felix betachat at 11:21 AM on October 28, 2010
posted by felix betachat at 11:21 AM on October 28, 2010
Isn't the "jointly and severally" clause redundant (that is, isn't each person listed on the lease already jointly and severally responsible, simply in virtue of being listed on the lease)?
posted by astrochimp at 7:13 PM on October 28, 2010
posted by astrochimp at 7:13 PM on October 28, 2010
Right now it says that any replacement roommate would need to be approved by the landlord.
Yeah, but from the landlords point of view, if you tell them -- "hey one of my room-mates skipped town", he is going to be afraid that the next sentence is going to be: "So I can't pay the rent this month". He will generally be thrilled to hear: "I found a new room-mate, though.", especially if there's not much time left on the lease.
In my case, since we only had a few months on the less left, I just moved the new guy in and didn't tell the landlord, but I'm not so sure that's good legal advice.
posted by empath at 8:37 PM on October 28, 2010
Yeah, but from the landlords point of view, if you tell them -- "hey one of my room-mates skipped town", he is going to be afraid that the next sentence is going to be: "So I can't pay the rent this month". He will generally be thrilled to hear: "I found a new room-mate, though.", especially if there's not much time left on the lease.
In my case, since we only had a few months on the less left, I just moved the new guy in and didn't tell the landlord, but I'm not so sure that's good legal advice.
posted by empath at 8:37 PM on October 28, 2010
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The most likely way this will go bad is that they will move out, and you'll have to find a new room-mate on short notice. The less likely way is that they won't pay and won't move, and then you are in a really shitty situation.
Basically, don't go ahead with a lease with strangers like this unless you think they have a stable job, are someone you can live with, and will stick around through the whole lease.
posted by empath at 9:42 AM on October 28, 2010