Should I require anyone over the age of 18 living in the apartment be put on the lease?

Question

I have a 3 BR apartment for rent, and I had some perspective tenants come check out the property today. It was a couple with an older son. He looked like he could be 18 plus. Plus he was a little rambunctious if you know what I mean.

I believe he will be helping the parents with the rent. Should I include him on the lease? Should I make him fill out the application along with both parents?

Aaron Montague · Answer

I require everyone living in the house to be listed somewhere on the lease.  I never thought about all people over 18, but that is a good idea.

I like to have some idea how many people will be at my apartments on a regular basis.  My last hell tenant had 2 people on the lease and at least 7 people living there full time.

Aaron Mazzrillo · Answer

I'd at least get an application on them. That way you know who they are, their SSN, and DL numbers. You can use these against the adult tenants if they stop paying. You tell them the eviction will not only be against them, but it will also be against Gomer Jr. and it sure is going to be tough for Gomer Jr. to go out in the real world at the ripe old age of 19 with an eviction already on his credit.

Ryan M. · Answer

If they are all on the lease and not listed as occupants, I was billed for serving each one with papers.

Otherwise its just served to the lease holder and I include "and all other occupants"

Mike Hurney · Answer

Samson Kay I require everyone (and everything (pets)) listed on the Application.
Joel Owens is correct about evicting "and all others" when helping Tenants leave in Massachusetts.

There's a fair amount of misinformation (or only applies in "my" area) on BP so check all this w/your Attorney for the App and Qualification guidelines. (It's your Butt when things go wrong).

Housing Court Judge will be speaking at our REIA in September, link below.

Roy N. · Answer

Our policy is we require every 'adult' living at one of our properties to complete an application and, if successful, be a signatory to the resultant lease.   We also require all inhabitants of the property to be listed on both the application and lease.

In practice, we do not insist that adult children who are still attending school (secondary or post secondary) be signatories ... up until the age of 24.   If they are still living with Mom and/or Dad at this point, we deem them to the adults ;)

Rob K. · Answer

When I take applications, there is a place to list all other people who will be living there along with their birthdates. In this case, you could have the parents sign the lease and list it as being for three adults.

You could have the 18 year old sign the lease, but it's doubtful he would be collectible if things go bad. I would make sure the parents qualify and have them sign. If the parents don't meet the income requirement and need the son's income, then I would get an application from him and have him sign the lease.

Ann Bellamy · Answer

At the very least, put him in the lease as part of the list of people living in the property.

Sometimes the reason for this isn't that you expect to hold him accountable for the rent, but that you are demonstrating that you run your business like a business, and not like a mom and pop.  That sometimes can be enough to head off future problems.  If you demonstrate that you know the rules and act accordingly, and in a businesslike manner, it is enough to make the less desireable tenants look elsewhere.  The good tenants appreciate it, because they know you're on top of things.

Joel Owens · Answer

Where I am at you want anyone 18 or older checked and mentioned on the lease.

When evicting you put "and all others". This covers any unknown people 18 or older living in the property that you do not know about. This way when the sheriff comes and you are there to throw stuff out there are no surprises.

Example if you just filed to evict "Ted and Mary" but get there and Sam is living there as well but not mentioned on the lease or you didn't know about him then the cops say " You can evict Ted and Mary but for Sam you will need to file another eviction order and wait to get him out".

At least it works this way where I am at in Georgia.

Samson Kay · Answer

To Elizabeth's point, I was afraid of potentially offending a prospective tenant by telling them I'm making them put there kid on the lease as some one who's essentially liable for the rent. I had a part time job too when I was 18, but I there's no way I could afford the rent I'm charging on a Boston market wage. Lol.

Jon K. · Answer

I would say "yes, always include those 18 and up."

As for a high school senior who just turned 18, that's a toss up. Presumably they'll only be living at the house a few months after they're 18, or the rest of the school year anyway.

Should I require anyone over the age of 18 living in the apartment be put on the lease?

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