Legal Question in Real Estate Law in Illinois
I have three existing tenants on a lease since July 2010. A fourth wants to join them. Do I need a new lease, or can I just add a name to the existing lease? What about the start date and deposit?
3 Answers from Attorneys
You might be able to add them to the existing lease, but it would be safer and easier for everyone concerned to create a new lease for a new tenant. This way you do not have to worry about different start dates and deposits.
You could also do an amendment to the existing lease and have all parties sign the amendment.
Since everyone will have to agree, do whatever is better for you if possible. The form is less important than the substance, we say. While a new lease would help you and the 3 old tenants identify what time period they alone are liable for, an amendment would help everyone by identifying what time periods everyone is liable for, especially for things like separate electric or gas bills, what portion of the security deposit each is responsible to contribute, etc.
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