Name Change in a Rental Contract
A name change in a rental contract can happen for a variety of reasons. One might be subletting an apartment to someone or maybe bringing in a new roommate to live in a rental apartment. Since the property is a rental one, the tenant will often have to follow a certain set of procedures to get the name change recorded legally. It is very important that a proper name change is done as informal or verbal name changes can result in invalid lease or rental agreements that will be a source of many disputes. This article will go over some situations where a name change might be called for.
Subletting an apartment – name change – Some states will allow a tenant to sub let an apartment as long as they have permission from the landlord. One such example is New York City which allows subletting with a landlord’s consent. Before subletting the apartment, tenants are advised to approach their landlord and enquire about the name change procedures in the lease. If the tenant feels that the landlord is not very knowledgeable about the matter, it is best that they seek the services of an attorney to carry out the name change for them. Hiring an attorney will make sure that the new tenants are responsible for the apartment when they occupy it in the sub letting arrangement.
Bringing in a new roommate – name change – It is not uncommon for many roommates to rent an apartment away from the college campus. However, students have to be quite careful about the names that go on the lease. Students who leave a rental apartment should make sure that their name is erased from the rental agreement. The rental agreement should record the name change of the new roommate who has moved in. Often time, landlords will require tenants to inform them of new roommates or roommate substitutions.
Checking rental laws – name change – Though the above points hold good for most renting situations, tenants are encouraged to go through the change procedures of their particular rental contracts to make sure that they are following the right procedures. A small mistake in the name change procedure can result in the liability of a rental agreement being pinned on the wrong person, who might not even be living in the rental apartment anymore.
Get it in writing – name change – The most important aspect about a rental agreement name change is that it should be recorded in writing. The lease or rental agreement should be modified, signed and attested to reflect the change in name. If the change is not recorded in writing and is merely a verbal understanding, it will not hold well in courts when the name change becomes a topic of dispute. Again, if one is not sure about how to record a name change in their lease agreement, they are advised to pay a small attorney fee to get it done professionally.
Don’t overlook small details – name change – Even if a roommate is going to be staying for a couple of months at a rental apartment, tenants are advised to inform the landlord of the additional tenant. The new roommate could possibly damage the building or carry out some illegal activity and walk away without any liabilities if his or her name is not on the lease.
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