Ohio - if a co-tenant moves out whose responsibility is it to ensure lease is updated

[Brandon McCombs]

I had 2 tenants (male and female) in the same unit a while back. They both signed the lease. The guy of the couple wasn't really living there most of the time because he traveled for work his business probably 90% of the time. He was helping out with rent most of the time back then. I was never really sure of his relationship with the woman. She would call him a boyfriend but he would say she's just a family friend.

Anyway, he eventually did 'move out'. I never saw him there for the few times a year that I would do inspections. She eventually got a new boyfriend supposedly but I never saw him there and as far as I know he didn't stay overnight and I never saw his stuff there to worry about adding that person to the lease. I never actually knew when the original male co-tenant actually moved out because they didn't tell me for who knows how long after it happened. She took over paying rent but since her jobs weren't high paying she would sometimes need the original male co-tenant to send me a check. I figured if he's still helping with rent then he should say on the lease.

She was causing problems though over the years and eventually I got tired of it so about a year ago I kicked her out. I had to fix damages and clean extensively after she left. She eventually got arrested and sent to jail right after I kicked her out so suing her for add'l damages above the security deposit amount would be easy to get the judgement but difficult to get paid back. I thought of suing the boyfriend but he claims he shouldn't still be on the lease because he moved out. But neither of them ever told me to remove him and if he's still paying rent sometimes then it made sense to me to keep him on it.

Does anyone have thoughts/advice on this situation?

[Kevin Sobilo]

@Brandon McCombs, first off get on top of these things! Don't think about or talk about these things casually because you will be setting an unrealistic expectation with the tenants.

1. Most leases make tenants like this "jointly and severally liable" meaning they are BOTH responsible. It doesn't matter to you which of them contributes what. You make whomever you can pay you.

2. Many leases extend as month-to-month after the initial term. If your tenants were month-to-month the male tenant could claim he gave his 30 day notice when he told you he moved out. So, he may no longer be a tenant.

3. When the male tenant moved out, you should have made decisions about the female tenant. You also should have dealt with the security deposit which belonged to BOTH of them at the time. You should have signed a new rental agreement with the female.

4. The fact that the male continued to help with the rent after he left is not your business at all. If her mother helped with rent would that make the mother your tenant as well?!? Of course not.

5. I would not sue the male because if he is smart he will bring up the deposit that should have been returned when he moved out! In my state by not providing the accounting of deductions from the security deposit within 30 days after he left you could be liable to them for 3x the deposit meaning that if their deposit is $1k, now you owe them $3k for your mishandling of the deposit when the male left. Its possible, but maybe not likely and your state's laws may differ of course.

6. You may sue the female but she will claim you lose because the rental agreement is with BOTH of the tenants and that you need to sue both. The male tenant will claim you need to sue just her because he told you he left.

It may be possible to consider the female your only tenant with a verbal agreement only.

As you can see your failure to manage and communicate and also making assumptions to get out of doing the work to deal with the changing situation causes you a lot of hassle in the end.