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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33801
Experience:  15 years real estate, Realtor. Landlord 26 years
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I have a lease that was amended to add a roommate in the

Customer Question

I have a lease that was amended to add a roommate in the last few months of my lease. However, I never signed the lease but the roommate did. Is that amended lease legally binding? Also, I want to renew my lease without her on it. How do I do this? Do I have to file a restraining order to get rid of my crazy roommate. She was previously arrested for assaulting a prior roommate. I was living in this apartment for almost 4 years prior to her moving in.
Submitted: 3 months ago.
Category: Real Estate Law
Expert:  Barrister replied 3 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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Who created the lease with the new roommate?

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How did you amend a lease between you and the landlord to add the roommate?

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Did you get permission from the landlord or did you just come up with your own agreement with the roommate (essentially a sublease)?

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Has she assaulted you or threatened to do so?

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thanks

Barrister

Customer: replied 3 months ago.
The management company for BLVD Loudoun Station which was Greystar at the time the lease was amended but the new management company is now Avenue5. I didn't want her added to the lease but that was the only way she could get a parking sticker and key fob. I also have a security deposit I paid 4 years ago that she is not entitled to that I'm trying to protect. She has used threatening language but has not assaulted me.
Expert:  Barrister replied 3 months ago.

Ok, if you got the landlord to add her to your lease, then she is an equal tenant along with you. Her contract is with the landlord, same as yours. So you not signing doesn't have any legal significance. As long as the landlord and roommate agreed to add her to the lease at your request, it is valid.

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As for renewing, you would have to talk to the landlord about entering into a new lease with only you for that property. Once that happened, you are the only legal tenant and you could evict her from the property through the courts after giving her a written 30 day notice to terminate her tenancy.

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If she hasn't actually assaulted you or you had to call the police on her, then it is pretty unlikely that a judge would grant a restraining order. You would say she threatened you, she would claim she didn't and without proof of it, that doesn't get over the required burden of proof to issue the order.

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So your best bet is to 1. Move elsewhere, maybe another unit in the same complex, (if it is a complex) by yourself and leave her. or 2. see if you can renew in only your name and then evict her after giving her a 30 day notice.

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thanks

Barrister

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