Book Opener

RoomiesWhen two or more people sign a rental agreement, they become cotenants.This arrangement means that they share the same rights and responsibilitiesunder the lease. If one tenant behaves badly, it can have a negative effect onall the other cotenants.Under a cotenancy, each tenant is “jointly and severally” liable under theterms of the lease. In other words, a landlord can hold all tenants or just asingle tenant responsible for meeting the terms of the lease, including paymentof rent. For example, if one tenant skips on the rent, the other tenants are stillobligated to pay the full amount due to the landlord. If one tenant violates thelease in some way, all tenants can be evicted.One way to avoid potential problems with irresponsible roommates is tohave a written agreement covering issues that are likely to arise during the termof the lease. Such issues include rent, space allocation, household chores, foodsharing, noise, overnight guests, and moving out. Landlords aren’t bound bysuch agreements, and courts may not enforce anything but the financial terms.However, roommate agreements help put all parties on notice of the expectations.Writing What issues might be covered in a roommate agreement? Draft somesample terms.Trade fixtures are items of personal property brought to the premisesby the tenant that are necessary to carry on the trade or business towhich a rental property will be devoted. For example, if you leased astorefront for a small mending business, you might install sewingmachines, special lights, and perhaps a refrigerator to keep food. Whenyou leave at the conclusion of the lease, you could take these items withyou. Contrary to the general rule, trade fixtures remain the personalproperty of the tenant and can be removed at the end of the term ofoccupancy.Eviction ProceedingsEviction occurs when a landlord deprives a tenant of the physicalpossession of the premises. You can be evicted for things such as notpaying rent, remaining after the expiration of the lease, damaging thepremises (commission of waste), and violating provisions in the lease.722 Unit 7: Planning for the Future