Landlords, a question

[vanillacourage]

One of my tenants is a medical student who pre-paid for the year because she didn't meet the income requirement. She is the only one on the lease, but it was understood at lease signing that her boyfriend could live there (he moved cross-country with her and didn't have a job yet so he couldn't be on the lease, but passed the credit/background check). He now has a job and wants to be added to the lease.

I was just going to have them sign an addendum, with note that the security deposit will be returned in the original tenant's name only. Anything else to consider, or arguments to have them re-sign a completely fresh lease?

[scout8]

I can't think of any reason why you couldn't just have them sign an addendum. My only thought would be if the addendum wouldn't hold up as well in court, but I don't know if that is even true. If it was me, I would probably take the old lease, make a copy, white out the parts that are changing and make the the changes. Then, I would have everyone sign that one.

[vanillacourage]

(bumping to catch those who might have been on vacation)

[Deleted]

When we rented we had to get the others to submit a letter saying it was okay to just pay the deposit to me. I had originally paid it (they just gave me their share) but since we were all on the lease, legally the landlord was supposed to make the cheque out to all of us. Which would have been a hassle. So the letters were how they got around it.

Based on my experience, a new lease would probably be safest for you. Let them worry about the security deposit later.

[EmilieMadison]

I would personally have them resign a new lease that lists both of them as tenants, with the same terms as originally outlined, including the wording that the original deposit was paid in full by X and that, if applicable, the deposit will be returned to X at the end of the lease.

[imojoebunny]

I would go with a new lease too. Not worth the hassle not to. I would tell them they need to work out the deposit together when they signed the new lease. That sort of thing is not my problem to deal with and if for some reason the damage was greater than the deposit, it might create confusion to just have it in one name.