I want to add a new roommate to my lease however the landlord will not do it?

Question

Here is the situation. The apartment that I live in is rent stablized so I pay a very low rent for the area. Previously, when new roommates would move in or out, they would just switch the names on the lease. Because of the switching of names on an old lease the rent has remained very low compared to other apartments in the area. Now I'm trying to move a new roommate into the place but the landlord does not want to put a new person on the lease and only wants my name only on the lease. I'm not allowed to create a sublease but I want some sort of legal protection since I will be the only person on the lease. Would a rental agreement work? Can the landlord refuse to switch/add a names on a lease?

Basically, the landlord wants to bump up the rent by a lot as soon as the old lease ends (when I move out). However, as long as the old lease still is there and we keep switching/adding names to the lease then they can't do it. What other options do I have to at protect myself legally?

Answer 1

In most cases, LL won't allow a lease change (like adding names) till the lease is up for renewal.. for reasons like you stated, rent amount changing. Which is common and not illegal at all btw. Most places do go up every year, between 3-6% per year, especially with apt complexes. (mine goes up about 42 a year-ugh)

Your LL is not obligated to change a lease. it's 100% his decision. sorry but it sounds like you're SOL.

Answer 2

Protect yourself from what?  Sounds like you have a sweetheart deal going and you want to preserve it for a future tenant.

Usually the landlord has the right to refuse to add people the lease or allow sublettting.

Answer 3

Check out the landlord/tenant laws in your state, which you can find in the reference section of your local library.   In general, a landlord is not required to renew a lease for any specific tenant.  That would mean if an existing roommate moves out and the landlord doesn't want to lease to another roommate, he can't be forced to.  

It could well be that the landlord is doing as you say, waiting for the old lease to end and not wanting to have more people living there.  If so that's his right.  You are not legally allowed to switch or add names to the lease on your own without the landlord signing off on it, no matter how long you've been doing that.  

Check the laws.

Answer 4

When you add or drop a person from a lease, you are rewriting the document. The landlord has the right to refuse to do it.

Your best option would seem to be to write up a rental agreement with the new roommate, stating what he would pay per month and how much he would contribute for food, utilities, cable, phone and other expenses that are not included in the basic rent. Have the document notarized.

Keep it between the two of  you. Be aware that the landlord has a right to ask the new roommate to leave. But he seems to have been cooperative in the past, so he may be willing to overlook a casual arrangement such as this.