Legal Question in Landlord & Tenant Law in North Carolina
I'm nervous about letting a roommate on my lease with an apartment community in North Carolina. Which offers more protection for me if there ends up being a problem later with person not paying later, or other issues, having them sign on as a resident or occupant? Per lease, their name will be on it either way until lease is up, so is there any way to get rid of them before lease end if there is a problem? Can I write anything on a roommate agreement and if it's signed and notorized by the roommate will it be legally binding?
1 Answer from Attorneys
It will depend on your lease. What you want is something in writing from your landlord that your roomie is liable for his or her own rent and if they skip out, the landlord will look to the roomie, not you. If their name is not on the lease and they are just an occupant, then they might be bound by the lease terms but they ar not liable for the rent. If they are actually on the lease as a resident, it will mean they are liable for the rent. Problem is, they still might skip out and the landlord is not going to care as you will still be liable for the whole amount of the rent and it will be up to you to sue the roomie.
Check your lease to see what it says about sub-letting and get your landlord's permission in writing if required. Yes, you need something written between you and your roomie. It should be signed by him and you. I do not think you need to have it notarized to be legally binding. The problem is that a paper is only worth what it is printed on. The written sublease will eliminate problems of proof at trial if he or she defaults in the rent. The problem is that if the roomie defaults and breaks the leaes, you will still have to sue.