Tenant breaking their lease

[Michael Poloncic]

Three individuals signed a lease together, all friends, the lease is set up where each of them are expected to pay 1/3 of the rent. Two of them decided to move out in December without informing me. One of them accidentally paid for January rent because of auto pay and is now requesting it back. I informed them that their contract states they are expected to pay up until the end of the agreement regardless of living their or not. 

Now, this tenant is saying that they don't remember any agreement and thought they paid month to month and could leave whenever. I am now under the suspicion that their friend, the one who is still living at the property, is the one who created separate accounts for all three of them and did the signing for each individual who is under this lease agreement. 

I'm trying to prepare incase this is true. What is the recourse for the tenant who signed the lease under each individuals name? And, would that invalidate the contract? Or are the other two tenants still bound to the contract regardless?

Any additional input would be great. Thank you!

[Patricia Steiner]

Only two things matter:  the lease and your state law on termination of lease without notice.  Assuming your property is in Utah (like your profile indicates), here's the state law from a basic internet search:

In Utah, a tenant who abandons a rental property without notice is liable for the lesser of the following:

• The rent remaining on the lease
• The rent plus the difference between the fair rental value and the agreed-upon rent
• The cost to restore the property to its original condition

The landlord can also remove the tenant's belongings and sell them if the tenant doesn't claim them within a reasonable time. What can a landlord do if a tenant abandons the property?

• Send a notice: The landlord can post a notice in a visible place and send a notice by mail to the tenant's last known address
• Remove belongings: The landlord can remove the tenant's belongings and store them
• Recover costs: The landlord can recover the costs of moving and storage from the tenant
• Sell belongings: If the tenant doesn't claim their belongings, the landlord can sell them at a public sale

(End)

Please only communicate with the tenants - all of them - in written form only so it can be used in any collection/court engagement.  The Notice needs to be sent to each tenant by both proof of delivery required service from the post office as well as by certified mail to the last known address. This will serve as proof of notice sent.

I encourage you to do this today.  The sooner you regain control, prove that you fully intend to enforce the terms of your lease, and that you will not be 'played' by their recall of events or documents, the more effective this action will be.  

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