Changing roommates is a fact of life in most shared rentals—but failing to handle it properly can cause massive legal and financial headaches for both landlords and tenants. Here’s what you need to know about legal addendums, deposits, and the real-world “gotchas” of roommate swaps in Oregon and California.
Key takeaways
- Every roommate change should be documented in writing with a signed addendum.
- Landlords are not required to return part of the deposit until all original tenants vacate.
- Both departing and remaining tenants remain “jointly and severally liable” for rent and damages unless released in writing.
- Failure to screen new roommates properly can lead to evictions and lost rent.
The Roommate Addendum: Why It Matters
When a roommate leaves (or a new one moves in), always create a written addendum signed by all parties (including landlord, departing, incoming, and remaining tenants). This addendum should:
- Identify who is leaving, staying, and joining
- State whether the departing roommate is released from the lease
- Document any agreement about deposit “buyouts” or payment between roommates
- Clarify the remaining security deposit, rent split, and responsibilities
Security Deposit Pitfalls
By law, the landlord is not required to refund a departing roommate’s share of the security deposit until the entire unit is vacated. If roommates work out a “buyout” among themselves, document it, but remember: landlords will only return deposits to all tenants as a group at move-out.
- To avoid disputes, tenants should create a roommate agreement (in-app or otherwise) that covers deposit swaps and final move-out inspection plans.
- Landlords: Always get written confirmation from remaining tenants that deposit adjustments are internal and do not affect total deposit on file.
Screening and Liability for New Roommates
- Landlords should screen new roommates as they would any new applicant (credit, background, references).
- If a new roommate is not added to the lease, they may be considered an unauthorized occupant—a valid cause for eviction.
- Tenants are jointly liable for rent and damages until the lease is officially amended and the old roommate is released.
Sample Roommate Change Addendum (Oregon/CA Compliant)
Date: [Insert Date]
Property: [Insert Address]
[Departing Tenant Name] is removed from the lease as of [Date].
[Incoming Tenant Name] is added to the lease as of [Date], subject to landlord approval.
Security deposit remains on file; internal reimbursement is between tenants.
All other terms of the original lease remain in effect.
Signatures:
Landlord: __________________ Date: _______
Remaining Tenant(s): __________________ Date: _______
Departing Tenant: __________________ Date: _______
Incoming Tenant: __________________ Date: _______