Phoenix, AZ asked in Contracts and Landlord - Tenant for Arizona

Q: Roommate Agreement or Sublet Agreement or Lease Agreement?

I have leased a condo at $1300 a month with my name only.

The landlord allows me to have another roommate or two to help out.

I've already paid the 1300 from Jan to June in full.

The gameplan will be 500, 400, 400 for me, roommate 1, and roommate 2.

To protect myself from roommates 1 and 2 in case they decide to move out early or can't pay rent, it's highly advisable to write up a legally binding roommate agreement that they WILL pay me 400 a month each and if they leave, that they'll continue to pay 400 until my lease is up.

So my question is, how can I word this in the roommate agreement and am I good to go? Or do I need to write up a sublet or lease agreement?


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1 Lawyer Answer
Tevis Steven Reich
Tevis Steven Reich
  • Landlord Tenant Lawyer
  • Flagstaff, AZ
  • Licensed in Arizona

A: The legal concept you are proffering is a sublease. The landlord is renting to you and you are in turn renting a portion to others. If the others do not pay their rent, this does not excuse your obligation to the landlord. A landlord/tenant attorney in your area can help you prepare an appropriate sublease agreement.

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