what to do when a couple splits up and one stays in the property?

Question

3 bed 2 bath house.  lease is up in May 2025. Couple is splitting up and one is wanting to stay.  The one leaving is paying 1/2 of the rent through 5/31/25.  So my questions are:

Do I write an addendum to the lease with just one person?

What about the security deposit? I will do a walk through with the one moving out when she leaves but he will still be there until May. Not sure if I will renew his lease. Thinking of selling and 1031 to something else.

My thoughts are to do an addendum (but not sure how to word it since she will have pre-paid her part until may) and let them figure out the security deposit between themselves at the end of the lease.

Any input is appreciated.

Corby Goade · Answer

I've been in this situation a billion times- honestly, the answer is very simple. Their personal problem does not effect your contract in any way. One of them can move out, but that doesn't eliminate their responsibility to pay the rent according to the contract they signed. Doesn't effect the deposit either.

Tell them to figure it out between themselves. They don't need to notify you about anything other than if they want a different roommate to move in.

If one moves out and you get half of the rent, reject the payment. Rent is paid in full, doesn't matter where it comes from.

If they want to bring on a new roommate, you screen them like anyone else and if they qualify, great- you can talk about amending the lease at that point, but that is only a courtesty.

Imagine if landlords did this to tenants (and I know some do...I'm responding to another post like that right now...). You have a personal issue- car engine blows up, so you tell your tenant that they need to pay double the rent for one month so that you can get your car fixed? C'mon.

Don't make their personal problem YOUR personal problem. Be professional, kind and firm.

David Krulac · Answer

@Jason Seay  We have in our lease that all parties are responsible for the total rent.  If one moves out the remainding parties are responsible for the total rent.  Additionally we keep the total security deposit until ALL the tenants move out, so the leaving party won't get their security deposit back until the last party leaves.  If you don't have those type of clauses in your lease, you might want to add for future tenants.

Nathan Gesner · Answer

I address this in my book and I have an addendum in my forms package. You want to put everything in writing and be very clear about expectations and responsibilities.

You also need to verify the remaining tenant can afford the rent. The departing tenant says she will continue paying rent, but I wouldn't bet on it.

Dave Foster · Answer

@Jason Seay, if they're married the deposit is a marital asset.  You don't have to forgive it.  the courts will determine it goes with whoever is staying.  And right now they're both on the lease.  So you're in a strong position.  Their crisis doesn't have to be your crisis.  Simply be a calm stand off landlord who is expecting his tenants to honor the lease - Not you accommodate their personal situation.

Greg Kasmer · Answer

Sounds like you get her portion of the rent for the next five months and then work with him for the remaining balance each month. However, if their both on the lease she still technically has responsibility if he was not to pay his full portion. It's definitely tricky.

Ned J. · Answer

EXACTLY what Corby just stated..... their personal problems are not YOUR problem. The contract is that the full rent will be paid and they are both on the lease. I dont care who pays it or how... if its not paid in full, they get evicted. They can work out that payment situation..... who is paying what/when/how... not my problem

The deposit is on the property, not the individual.... its stays with the property- if the "move out person" wants their portion now, they can get it from the "stay person" and the "stay" will get the full amount at move out. Not my problem.

Theresa Harris · Answer

For the security deposit, let them sort that out. They are both on the lease until May and both responsible for rent-how they do it is up to them.  Stay out of it.  When it comes time to renew the lease, if he qualifies on his own, renew it in his name only.  Put this in writing and make sure both sign off on it.

Jason Seay · Answer

@Greg Kasmer

Thanks for the help.  They are splitting up and it seems to be getting ugly.  Both names on the lease and he will not let her leave without paying her part.  He says he doesn't care if she stays.  She wants to be away from him and is willing to pay the 5 months rent to not be with him any longer.  I do see your point on the security deposit.

Greg Kasmer · Answer

Jason - Is the one staying able/willing to pay for the monthly rent? If so, I would start a new lease with just them. You also have to find out if they both contributed to the security deposit. If so, then I would return the portion of the security deposit to the one leaving and collect that same amount from the one staying.

However, if you're saying the one is leaving but they still plan on paying their portion of the rent that seems odd to me.... What is their incentive to pay the rent at a location they are not living in? I have a clause in my lease that states all parties are aware that if the entire rent is not paid all of those on the lease are named on the court documents. I would check to make sure you have that language in the lease. If you don't I would add that language as an addendum and ask both to sign before the one person moves out. Having two people paying rent, but only one living in the house is not ideal unless both understand clearly they are liable.

what to do when a couple splits up and one stays in the property?

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