Occupant Change Request

Occupant Change Request

Requests to change a Lease or Rental Agreement is a request for a material change to specific terms and conditions of an existing agreement.  The Lessor reserves the right to refuse to make any changes with the exception where Fair Housing and other applicable laws apply.

Roommate Changes:
A notice to vacate from a roommate "Is Not" an automatic removal from the rental agreement but a request for a material change to the rental agreement.  The rental agreement has explicit terms for multiple Financially Responsible Lessees:  "Lessees are jointly and financially responsible for the rent and conditions of the rental unit.."  Under the conditions noted below, a Roommate may be released:
  1. All other occupant/roommates are to sign the same notice to vacate and acknowledge the request to remove another and ensuring communication between roommates has occurred, AND
  2. If a remaining roommate plans to stay alone and not replace a new roommate, re-qualification is necessary with a new application to be submitted and approved with a new signed agreement and/or
  3. A new roommate applicant is approved with a signed agreement
Definition of a Roommate: Replaces an outgoing “Financially Responsible” Occupant with another “Financially Responsible” Occupant. All persons seeking a new roommate will follow Fair Housing Practices. All new roommates are subject to credit criteria found in the application process. 

Lessor will not restore the unit to pre-move-in conditions found on the original lease agreement. Existing unit conditions may be subject to security deposit deductions.

Adding an Occupant(s): Increases the number of persons (Minor or Adult) from the date of the original move-in.
  1. An additional occupant Is considered a ‘Long Term Guest’ and “Not a Financially Responsible” Occupant
  2. Additional rent is 10% of current rent for each added occupant.
  3. An Additional Occupant may not remain as an occupant when a “Financially Responsible Adult” Occupant vacates. All persons must vacate the premises.
  4. Lessee(s) are personally responsible for all activities, actions, liabilities of the Additional Occupant.
  5. All persons seeking a new Occupant will follow Fair Housing Practices. 
  6. All new occupants are subject to credit criteria found in the application process.
Lessor will not restore the unit to pre-move-in conditions found on the original lease agreement. Existing unit conditions may be subject to security deposit deductions.

Subletting is not an available option for the following reasons:

1. A subject property may be under Rent Control and applies to all
landlords where leased units are older than October 1978.
2. Subletting creates a contract between you, now a landlord, and
the sub-lessee, now considered a permanent tenant.
3. Removal of a sub-lessee cannot be performed under those terms and
you, the lesee/landlord, lose the right to remove the occupant
should you want to reoccupy the premises. The sub-lessee is able
to close access to you, meaning live in the apartment with rights
as you currently hold.
4. Rent Control requires All Landlords, now you, to file a business
license and register the sublet under Rent Control. You would
need to perform the same.

Making a request with the Lessor for approval to add a Roommate or
Additional Occupant provides you with options (Read Instructions
Above):
1. You retain the right to re-occupy the premises.
2. You may remove a roommate under terms you set forth with a
separate roommate agreement you created between you and your
roommate.
3. A Roommate or Additional Occupant Agreement prevents inheritance
of the premises, whereby the additional person must vacate the
premises when you vacate the unit releasing you from liabilities
for the premises after the everyone vacates.

Processing Fees billed for material lease changes are payable in advance:
$150 per request or $350 if a request exceeds 1 in 12 a month period.
Credit Check Fee: $35 per person; payable online at https://briarmanagement.com / vacancies / roommates 

Existing Unit Conditions:
Incoming Occupants / Roommates are advised to have a conversation with their new roommates regarding existing unit conditions prior to negotiation to security deposit exchanges within their new or outgoing roommate(s). New Roommates will sign an agreement accepting the responsibility to remedy all past, current and future damages upon vacate. Should damages exceed the Security Deposit on Hand, then all current  Roommates on the new agreement are held financially responsible to bring the shortfall whole.

Additional Security Deposit Terms are provided at https://briarmanagement.com / Residents / Security Deposit.
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