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    DanainCA's Avatar
    DanainCA Posts: 3, Reputation: 1
    New Member
    		  
    #1

    Jan 25, 2009, 07:27 PM
    Do all adults need to sign the lease or rental agreement?
    Hello,
    My son and a friend both signed an application to rent an apartment (converted garage).
    It was advertised as month-to-month by the landlord. After my son and his roommate moved in the landlord had my son sign the rental agreement which turned out to be a three month lease agreement. Unfortunately, my son signed it. His roommate did not sign any rental agreement, even a month-to-month. Now the roommate (after only three weeks)
    Is talking about moving out.

    My question is: Is this contract binding since the roommate never signed an agreement, but is living there and the landlord is aware that the two of them are paying rent?
    And, is my son responsible for the entire rent for 3 months if the roommate bails?

    Thanks very much for any insight on this,
    D.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #2

    Jan 25, 2009, 07:33 PM

    Your son is responsible.
    DanainCA's Avatar
    DanainCA Posts: 3, Reputation: 1
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    #3

    Jan 25, 2009, 09:24 PM

    It isn't what I wanted to hear, but thank you. Isn't it a law that all adults 18 and over have to sign the rental agreement?
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #4

    Jan 26, 2009, 06:25 AM
    Quote Originally Posted by DanainCA View Post
    Isn't it a law that all adults 18 and over have to sign the rental agreement?
    Hello D:

    If there were, ScottGem would be wrong. He isn't wrong.

    excon
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #5

    Jan 26, 2009, 06:55 AM
    Quote Originally Posted by DanainCA View Post
    It isn't what I wanted to hear, but thank you. Isn't it a law that all adults 18 and over have to sign the rental agreement?
    No, not even close. A rental agreement is a contract between a landlord and the tenant(s). I've never seen any law that states all occupants have to sign the lease. This is totally up to the landlord and tenant. If your son didn't want to be alone on the lease, then he shouldn't have signed it. But he did. By signing the lease he assumed responsibility for it.

    Some landlords may require all occupants to sign, others may not. Sorry that it wasn't the answer you wanted to hear, but it's the correct answer.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #6

    Jan 26, 2009, 08:27 AM

    If your son signed, he is liable, the other person who did not sign is not liable for the lease, but is for the month to month rental, which should require a 30 day notice to move.
    DanainCA's Avatar
    DanainCA Posts: 3, Reputation: 1
    New Member
    		  
    #7

    Jan 26, 2009, 02:06 PM

    Thank you for your answers. I know know where we stand.
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