# Rental: Haven't met second person living in rental unit



## Underworld (Aug 26, 2009)

Hi all,

I've got one person applying for my rental property. I met him - he seems decent, can just afford the rent 60k annual income on rent of $1500 p/m. He said that he will try to get his friend living with him to share costs.
I haven't met said friend yet.

What's peoples experiences with this. Should I push to meet the friend and get them as co-applicants? Rather than the main guy?

Or am I being over protective?

Thanks!


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## davidjean (Mar 27, 2014)

All tenants living in the rental should have signed the lease agreement to ensure they all know the details of the contract. 

That way you can do a reference and background check on all tenants. That's what I do. Call their employer at least.


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## donald (Apr 18, 2011)

Def
why is the sidekick talking to you
The guy you think is the main guy
The guy you haven't met is the guy?
think about it
red flag


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## Berubeland (Sep 6, 2009)

Anyone over 18 goes on the lease


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## Underworld (Aug 26, 2009)

Thanks all


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## dougboswell (Oct 25, 2010)

Protect your interests and your property. Have friend sign lease. If he is not on it he can move out on and 1 tenant has to carry all the costs. Check to see if they are on FB or LinkedIn and see if you find any comments or info that might raise a red flag. Google the names to see if anything comes up.


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## digitalatlas (Jun 6, 2015)

What, if any, protection is a landlord afforded by getting all occupants over 18 to be on the lease? I'm in a similar situation where the secondary occupant is a sibling.


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## Market Lost (Jul 27, 2016)

digitalatlas said:


> What, if any, protection is a landlord afforded by getting all occupants over 18 to be on the lease? I'm in a similar situation where the secondary occupant is a sibling.


If they aren't listed on the lease then they aren't living there legally.


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## digitalatlas (Jun 6, 2015)

What are the real life consequences of living there legally?

In Ontario, it seems we cannot restrict the tenant from having guests (long or short term), roommates, etc anyway.

What could having the person on the lease afford a landlord? Would the occupant, indicated as a "tenant" on the agreement, be liable for rent in case the primary tenant can't pay? Are the tenants treated separately from one another at the Board? 

There're lots of things that aren't "legal" that happen in the world, but what realistic consequences are there?


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## Spudd (Oct 11, 2011)

According to this link, whoever is listed as the tenant on the lease is responsible to pay the rent, nobody else is. It doesn't seem like there's any difference to the landlord, except that the rent liability lies with only one person instead of all occupants. 

http://ontariolandlordandtenantlaw.blogspot.ca/2013/04/my-roommate-abandoned-me.html


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## Mukhang pera (Feb 26, 2016)

Good plan to have anyone living there sign the tenancy agreement (I'll avoid the term "lease", which is a term of art unto itself). Having the covenant of all occupants gives you more people to go after if things go sour. For example, if there is only one signatory and 3 "tenants", and they all skip out leaving unpaid rent and damage, you will not likely be able to pursue anyone apart from the one who signed. He might be insolvent, whereas the others might have jobs, resources, etc.

I won't go so far as to say a L/L can _never_ claim against someone not signatory to the tenancy agreement. I can see no reason why a L/L cannot make an oral contract with a second person, under which that second person agrees to be bound by the written agreement. The downside is burden of proof. If you pursue that person, and they deny any agreement with you, and claim they were just a visitor or some such, you'll probably be out of luck.

In B.C., a course of prudence is to get _all_ tenants on the covenant, even minors. I say that because of the effect of s. 3 of our Residential Tenancy Act:

*Act applies to tenancy agreement with a minor*
3 A person who has not reached 19 years of age may enter into a tenancy agreement or a service agreement, and the agreement and this Act and the regulations are enforceable by and against the person despite section 19 of the Infants Act.

I cannot speak for other jurisdictions, if they have similar legislation.


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## mikep (Mar 13, 2017)

where is the rental? is the market that slow? i'd pass on this one. 

because as soon as some issue comes up that 'costs money' their friendship might be over and they'll be behind on rent and you'll be back there in 6 months cleaning up the mess and out a few grand. 

renting to friends is one of your less stable prospects.


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