Multiple Tenant Lease or Sublet?

[dmietla]

My daughter, a college student, would like to rent an apartment in Virginia with 2 friends. She has known them for 6 months and feels they would be good roommates. Even so, she is concerned about what would happen if a roommate can not pay their rent or turns out to be a roommate "problem". She plans to stay in the apartment for at least 2 years (until she finishes college) and really doesn't want to be in a situation where she would be forced to move out (say, in the middle of a semester). We're trying to go into this with our eyes wide open and understand the risks.

To provide my daughter with the best protection and yet share liabilities with her roommates, what is the best approach lease approach? Should she enter into a multiple tenant lease or should she lease the apartment and sublet to the others? What are the pluses and minuses of each approach? Thank you very much!

 

[mightymoose]

Whatever she does, she will have to find a place where the landlord is willing to allow the three occupants.
What is probably her safest option if she wants to share, and where she has the most control, is to rent an apartment herself and with the landlord's permission to sublet to her friends. In this case, she is essentially the landlord to the friends. The friends pay their rent to your daughter, and your daughter pays her landlord. If the friends were to break their agreement and move out early, or otherwise not pay, your daughter would be on the hook for the full rent to her landlord, however she could sue the other roommates for rent past due or other damages. Your daughter would also have the power to seek eviction of her subtenants. They key to all this is to get a place that she can afford on her own if need be. If she can't afford the full rent on her own then she is begging for trouble.

The friends (subtenants) would still have all the rights and responsibilities of tenants, and your daughter would have the responsibilities of landlord.... which in just about any case she could just relay whatever the problem is to her own landlord.

At any rate- her BEST option is to get a small place that she can afford for herself and avoid the headaches that will most certainly come with sharing an apartment with friends. Somebody will end up losing money, and friends will be lost.

 

[army judge]

Your daughter should not do any of the things you've outlined.

Why?

Because none of them will protect her from any of the things she (and you) want to avoid.



Her best bet is to lease a one bedroom or efficiency apartment in her name.

Do not under any circumstances take in even one roommate. It never ends well. It never turns out like
you expected.

She can, however, protect herself (and you) by living alone.

Sure, it may cost a bit more, bit what good things in this life are cheap???? NOTHING.

If she wants to live worry free, do so alone!!

Fifty percent of marriages end in disaster.

 

[dmietla]

Thank you both for your replies -- they are greatly appreciated! We've tried the living alone approach for 2 years and my daughter wants the security (as a young female) of living with a couple of friends and is tired of being lonely -- going home to an empty apartment each night. This will be a learning experience I'm sure. She's had 2 years to really think about who she would like to room with -- so the risk is somewhat managed. I trust her instincts and judgment when it comes to people. Maybe it will work, maybe not. But this is the road we need to travel.

Sounds like the sublet approach is the best way to go to give her a bit more control. We'll do our best to get into an apartment that she can afford on her own and where management is willing to work with her on subletting. I think that's really good advice. I can be a backstop (i.e., cosign the lease) so if things really go awry, she is able to give someone the "boot". I guess our next step will be finding a good sublet agreement to use.

Thank you again!

 

[army judge]

Thank you both for your replies -- they are greatly appreciated! We've tried the living alone approach for 2 years and my daughter wants the security (as a young female) of living with a couple of friends and is tired of being lonely -- going home to an empty apartment each night. This will be a learning experience I'm sure. She's had 2 years to really think about who she would like to room with -- so the risk is somewhat managed. I trust her instincts and judgment when it comes to people. Maybe it will work, maybe not. But this is the road we need to travel.

Sounds like the sublet approach is the best way to go to give her a bit more control. We'll do our best to get into an apartment that she can afford on her own and where management is willing to work with her on subletting. I think that's really good advice. I can be a backstop (i.e., cosign the lease) so if things really go awry, she is able to give someone the "boot". I guess our next step will be finding a good sublet agreement to use.

Thank you again!

See, therein lies your problem.

Once someone is in a home (on a regular basis) lease or not; you can't just order them to leave.

You can ask them to leave, but if they ignore you (and they often do); you then have to take them to court.

Only a judge can order them to leave.

But, that is all a judge can do.

A judge can order them to pay you, but you have to enforce (collect) that judgment.

A judge can order them evicted and a sheriff will remove them forcibly, if necessary.

But, that won't get you paid.

And, it won't happen quickly.

An eviction can last as long as six, eight, ten, or MORE weeks.

All the while, the miscreant is living right there where you don't want him/her to be.

As if that weren't bad enough, there isn't a darn thing you can do to him/her in the interim.

You can read the horror stories of subletting right here on this forum.

Most sublets end poorly.

 

[dmietla]

I hear you and have read about the horror stories. We understand that the potential is always there for things to "go south". But we're going down this road. It's a part of the college experience and will build character! Thanks.

 

[army judge]

I hear you and have read about the horror stories. We understand that the potential is always there for things to "go south". But we're going down this road. It's a part of the college experience and will build character! Thanks.

Good luck. We'll see you when things go awry.