Im a landlord. How is the best way to write a lease when you have 2 single military men who plan to be roommates. List both as tenants with equal obligation, or have a primary tenant and sub tenant, with the primary having full responsibility?
1 Answer from Attorneys
Both should be lessees, with each having joint and several liability. That way, if the lease payments are not made on time, you don't have to try to collect from one tenant, while the other one may be more available for service of process, etc.
If the other person were a sub-tenant, you would have no contractual privity with that person. A sub-lease would be between your tenant and the sub-tenant. You would not be a party to that sub-lease at all. By the way, I suggest that the lease you offer them prohibit any sub-lease without your written approval.
If you would like, for a small charge, I would be happy to review your lease form for compliance with Alaska law, as well as to suggest possible things you may have overlooked. If you are interested, please contact me at firstname.lastname@example.org.
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