Co-Tenant vacated property - looking for suggestions

[Craig Jennings]

I'm looking for guidance on this situation. I'm in Louisville, KY and have a small home I rent to a young, unmarried couple with a infant. They are in the 9th month of a 12 month lease. They are current on their rent and their have been no issues with payment. The boyfriend moved out earlier this week. The remaining tenant called me last night to inform me. She is unsure what she wants to do that this point as far as staying. She is also concerned about the boyfriend coming back to the house while she's not home. She asked a few questions that I think I know the answers to, but want to verify and get input from others.

1. She asked if the locks on the house could be changed to keep him out of the house since he left. My thought is no at this point.

2. She asked about getting him off the lease although she isn't sure she wants to stay in the house. My understanding is that the original lease would have to be voided by both parties and she would have to enter into a new lease. One thing I'm not completely clear on is if the original lease can be amended to remove his name and just have her?

Since there is just 3 months left on the lease and they have been good tenants I made her the following offer. Pay me for 2 months now, I keep the deposit and she can stay for the remainder of the lease. My thought is just to ride this whole situation out without much drama or lost rental income and get them out of there.

Any thoughts or suggestions would be greatly appreciated.

[Andrea M.]

I think this is a touchy situation , here is my thought process:

1 - if the locks are changed, you and/ or the remaining tenant can possibly be sued for illegal eviction, unless there is some documentation of domestic violence-in my area, the landlord/owner needs to protect the victim of abuse with the proper paperwork ie protection orders (reference your states landlord tenant act on domestic violence) and notice must be given to the abuser

2 - The tenant who has vacated has not given you actual notice to vacate

3 - In order to possibly amend the current lease, you would need the vacated tenants notice in writing in this situation

4- can the current tenant afford the property on her own, including utilities