Should my name be on the lease?

Melisandre121

Hey guys,

I recently moved into an apartment with a nice couple who have lived there for a year and recently renewed the lease for another year. When I moved in I replaced a friend of theirs who had moved out.

I never signed a lease but this didn't feel right so I asked about it. The guy I live with told me that only he had ever signed the lease when they first decided to take the apartment. He didn't ask if I wanted to sign too or offer any further information on this..

I'm new enough to renting so feel a little out of my depth but I feel my name should be on that lease. I'm just not sure how to go about doing it.

Any advice or suggestions on this? And if someone could clarify, should my name definitely be on the lease?

Mellor

Probably should have been raised when you moved it.
But just because you are living there doesn't meant to get to go on the lease automatically. You won't go on it if you are considered to be sub-letting for example.

Just ask politely if they will put you on the lease. There's no real reason why they shouldn't but people are weird.

Mrs OBumble

If your name is not on a lease, you may have issues with proving you live there for the purposes of welfare - and if things go bad, you may be asked to move out at fairly short notice. But you can stop paying rent and move out pretty much any time you want, with no legal come-back from either the couple or the landlord.

On the other hand, if your name is on a lease, you are "jointly and severally" (I think that's the word) liable for the rent - so if the couple skip out, you are liable for their portion of the rent too, for the remaining period of the lease. You are required to give a certain amount of notice when you move out - and the longer you stay, the longer that notice period is - up to is 8 weeks. You may or may not want that to happen. But the landlord must give you a certain amount of notice, and can only end your tenancy for certain reasons.

Also, adding you to a lease may get complicated because the existing tenants will have different rights to you - and they may not want to commit to a fixed term again.

Some people will say that you should always have your name on the least. Some of us aren't so black and white about it.

Melisandre121

I was told by someone before to always have your name on the house you're living in.. I guess im worried that I have no real rights without it, but I can understand the complications now too

Deenie123

Can you get a licensee agreement so that you're officially subletting from your housemates?

the_syco

Melisandre121 wrote: »

When I moved in I replaced a friend of theirs who had moved out.

Who did you give your deposit to?