Lease Amendment Roommate Change: Fill & Download for Free

A “guest” living with you is not a guest. They are an unauthorized occupantt according to almost all leases. They could be used as a cause for eviction if the landlord was looking for a reason to kick you out. The proper procedure is to have the landlord do a lease amendment adding the roommate to your lease. This would not be creating a new lease or change any of the other terms on your existing lease. Remember, an unathorized occupant has no legal obligation to the landlord or you so they could do harm to the property (or not pay you) and it will end up being your responsibilty.

Talk to the landlord to see what information they can provide you as they may have encountered a similar situation with past residents. In all likelihood, they will probably tell you that you would need to go to the police to file a formal complaint and see what recourse you have (like a restraining order?) in order to protect yourself and your possessions from the roommate or ex's wrath. If the person is court-ordered to vacate or if the restraining order is given, you may be able to request to have the locks changed to the apartment as well (though likely at your own expense) and potentially have the lease amended to remove the person as an approved occupant. When in doubt of your rights however, it is best to consult with the authorities on your course of action (police, legal counsel, court, or your state's housing department).

California law states that, in the absence of wording to the contrary, when a lease expires, it automatically converts to month-to-month.She needs to have the lease amended — which the landlord and she and the roommate must all agree to.As part of the amendment, if she wishes her share of the deposit back, it needs to be in writing, and the roommate will most likely be required to replace that portion of the deposit, unless there is a replacement roommate involved as well.Typically the deposit settlement is between the roommates, but the remaining roommate and/or new roommate will want the lease amended to indicate who the funds should be refunded to, when everyone leaves.She will also want out to be out of the responsibility for renters insurance for the place, and any claims of responsibility for damages in excess of the damage of the walk through at the time of her departure (common areas will need to be clear and inspectable, as will non-common areas belonging to the departing tenant).Not getting a lease modification could otherwise cost her money down the road.Note that without a lease, the landlord has no right of demand for things like background checks or credit checks on any new roommate.Meaning you could move a pedophile in (for instance), and there would be no right for the landlord to refuse.Something to mention to a landlord reluctant to perform a one page lease modification or move-out inspection and sign-off.Typically, a landlord tends to get reluctant on these things when there is a responsible tenant living with one or more jackasses.They will not want to let the responsible person off the hook, because they see them as the only potential pockets to go to for a future problem.You could consider agreeing to abandon your portion of the security to buy out of the lease, if that’s the case.Personally, if I were a landlord, I’d likely want everyone out voluntarily in that situation, and I’m not letting you off the hook with just a 60 day “notice to quit” to everyone.This is because evictions are next to impossible in San Francisco, and can drag on for many months, and I may have to pay you (or your roommates) to move out, given the pro-tenant rules in San Francisco.Meaning it could drag on over 6 months, and I would (eventually) be out 6 months rent meanwhile.So I’m going to keep the good person on the hook, and hope they will impose on their personal relationship with the people they were willing to live with for a year, to get me out from under the bad tenants.If not, you get an eviction on your court records, too, as a named party.Note that you handing your keys back is insufficient as “transfer of possession”, unless I get to change the locks.All of this — apart from the “ani-Airbnb” laws in San Francisco — are one of the reasons I do not permit sublets, or guests in excess of two weeks.If your roommate(s) are terrible now, but weren’t when they first moved in, then they are unlikely to be willing to execute a new lease agreement, or submit to a new background check.