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Updated almost 3 years ago,

User Stats

28
Posts
2
Votes
Mike C.
  • Williamsburg, VA
2
Votes |
28
Posts

Lease Invalid When Critical Co-tenant Withdraws?

Mike C.
  • Williamsburg, VA
Posted

Seeking advice on where we stand with SFH rental on a one-year lease that expires midnight, 31 March.

There are four adults on the lease, a married couple and two singles. One married person and one single have income and are both active military, and the combined income of both were required for financial qualification for them to lease.

CURRENT LEASE INVALID UPON EXPIRATION?

The single military member was deployed OCONUS and departed a couple weeks ago, but stated his intention in writing to remain a part of the lease until it expired, at which time he will withdraw from the lease.

My take is that the lease was made with all four co-tenants, and that if one of the financially-critical co-tenants withdraws at its normal expiration, the lease is then invalid, as the tenants have significantly changed the terms under which it was made. Does this seem correct?

Lease excerpt:

All Lessees are jointly, severally and individually bound by, and liable under, the terms and conditions of this Lease. A judgment entered against one Lessee shall be no bar to an action against other Lessees. Lessees will hereinafter be referred to collectively as "Tenant".

NEW LEASE REQUIRED?

For the remaining three adults to continue as tenants, it seems to me that a new lease will have to be made, including new financial qualification criteria of either a new co-tenant, or the remaining three tenants presenting evidence of some yet-undisclosed financial resources. Does this seem correct?

Any observations will be appreciated.

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