Can a landlord raise rent or require a new lease if a roommate is moving out and a new roommate is moving in?

Asked by Trulia Houston, Houston, TX Mon Nov 26, 2012

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Joe Cano Jr’s answer
Joe Cano Jr, Agent, Houston, TX
Thu Mar 28, 2013
Is it illegal you inform individuals about real estate? It's real estate advice. Yes, the land lord can increase the rent. He/she approved the original two roommates. Carefully read your contract. If you need assistance then yes, call an attorney.

Joe Cano - Realtor/Locator
(281) 785-5132
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1 vote
Krystal Vill…, Agent, Houston, TX
Mon Nov 26, 2012
You will need to contact an attorney to review your lease. It depends on what your lease stipulates, but as agents, we are not permitted to give legal advice. Thank you.

Brandon Newton
0 votes
Anthony Tayl…, Agent, HOUSTON, TX
Wed Mar 27, 2013
Yes if the contract is set up in that way or drafted by an attorney at law. If the other contract is over yes the landlord can require a new lease. A new lease would be a benefit for both parties to the contract. In a case like this I would get an attorney write a contract for you or get the attorney to look it over before you sign anything.

If you have any other questions please feel free to call my office.

Anthony Taylor Realty
0 votes
Nasyim Segal, Agent, Houston, TX
Wed Mar 27, 2013
Assuming the current lease is between the parties listed as Landlord and Tenants, then all roomates occupying the property 18 years or over should be listed on the lease. The landlord has the option to review each individuals eligibility independent from the other roommates.

In the case of multiple roommates, if one roommate moves out and another moves in then it's likely the "new" roommate is not on the lease agreement, and their eligibility has not been reviewed.

As far as what a landlord is required to do it is best to consult your attorney, but the TREC leases list specific names of people that are allowed to live on the premises.

Nasyim Segal, Broker Associate
Boulevard Realty
0 votes
Jane Lindsey, Agent, Bunker Hill Village, TX
Mon Dec 3, 2012
If you have a standard TAR lease and the initial lease term has expired, it makes no difference what anybody does. He can raise rent.
0 votes
Joe Cano Jr, Agent, Houston, TX
Mon Nov 26, 2012
Does the residential lease terms allow you to sub-lease? The lease agreement identifies who is originally on the lease. So, it's best to carefully read the policies. Unsure if the aforementioned information is actually considered legal advice, maybe more as to real estate info? Now, if you are asking how to proceed and make a claim that the land lords refusal is illegal, then you need to get an attorney. Good luck and have a wonderful day. Re-read Mark, Michael, and Barbera's proclamation.
0 votes
Mark McNitt, Agent, Houston, TX
Mon Nov 26, 2012

If both sides are agreeing to new terms (ie, a new tenant), then likely there could be other changes to the lease contract. If the tenants (new and old) don't agree to the raise in rent or the new lease terms, the owner might not agree to allow the new tenant to move in. Key is both sides need to agree.

It will depend a great deal on the lease terms in their signed lease contract. As always, we recommend those with legal questions seek help from a real estate attorney as Realtors cannot give legal advise.

Mark McNitt
m 832-567-4357
Bernstein Realty, Inc.
0 votes
, ,
Mon Nov 26, 2012
I would think it would depend on the terms of the lease, and on who actually signed the lease.
Barbara Coker

Licensed Mortgage Loan Officer
0 votes
Michael Cheng, Agent, San Jose, CA
Mon Nov 26, 2012
Trulia, it all depends on the terms of the lease.
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