Q: Changed roommates 10 mos ago. Landlord informed us they never had us sign addendum. Roommate now refuses to sign & moved
Landlord didn't have us complete proper paperwork. Roommate used that as an excuse to move out. Leasing office I am financially responsible for all damages and the entire amount of rent. How am I responsible for their error he lived here for 10 months and I'm being held accountable for everything. I would never have qualified for this apartment on my own. They're telling me if I'm evicted it only affects me and not him. How is this all falling back on me? I trusted they followed proper procedures
A:
The issue here is a the legal term privity (meaning contact between parties). Without a formal document between the landlord and the roommate, there is weak contractual connection. I assume that for the 10 months the roommate paid rent, so the roommate would at best be classified as a month-to-month tenant. As a result, the landlord arguably only has a connection to you (the primary leaseholder).
However, if you had a separate agreement with the roommate, you can potentially go after the roommate for their portion of the remaining rent. Ideal would be a written agreement between you and the roommate, but an oral agreement might work too (oral agreements are always suspect to judges).
Finally, it is a weak claim to assert that the landlord is in some way responsible for a portion of the roommate's rent solely because they did not provide an amended lease agreement. Since the landlord does have a connection to the primary leaseholder (you), a court would likely rule that it was your responsibility to ensure that the roommate was included in the lease and/or obligated to pay for the full lease term via either a private agreement between the leaseholders or an amended lease agreement that included the roommate and the landlord.
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