Quote from @Marci Stein:
John , please let me know the consequences of her not signing. These are country people in their 70s. I would not want to evict them if i don’t have to.
Hi @Marci Stein. There are generally some negative consequences with all adults not being named on the lease as a responsible party. It's been a while since I had rentals in NY but some of those consequences (some may not apply in NY) include the following:
1. Unnamed person may not be held legally or financially liable for damages and/or unpaid rent in landlord/tenant court. You may have to pursue criminal charges and civil charges in both criminal court and civil court (different courts in NY) to go after unnamed tenants. Police reports will also be required, and someone is potentially going to jail.
2. Evictions can be more difficult as this person is not recognized on the lease explicitly. You may be able to evict the named persons on the lease, but you'll potentially have to file a separate case for the unnamed adult. Similar to evicting a squatter as this person may not qualify as a holdover tenant under NY law (lawyer question here).
3. Any damages awarded will be easier to collect spread over 3 parties instead of 2. For example, Judge awards $9K in damages to you, $9K for 2 ppl is $4,500 each, $9K for 3 ppl is $3K each. easier to collect $3K than $4,500. The additional person also increases the chances they have funds in a bank account that can be seized, as well as other assets that can be seized (verify bank vacuuming is allowed in NY).
Using basic risk vs reward metrics, you're increasing your risk by allowing an adult to be in the property and not a responsible party to the lease, but you get no additional reward. There is a multitude of reasons, some of which are above, that naming all adults on the lease have become a standard practice, and most board of realtors leases have this in their standard leases.
I wish you the best of luck in your decision!
Matt