remove tenant from lease?

Question

Couple moved in 4 months ago, they split up. He already left the premsis 3 weeks ago which I had no idea. She called and let me know and is going to be staying and paying the rent and wants him removed from the lease.

Does he have a sign the removal of him on the lease agreement? Hes already gone and not sure how to contact him, also what happens to the joint security deposit it just rolls over to her?

Jon Holdman · Answer

No way would I willingly remove him from the lease.  If the tenant does stop paying, you want to be able to go after everyone that was on the lease.

If she truly is willing to deal with this, do it like this.  First, you're going to do a new lease with just her on the lease.  She will need to qualify.   Assuming she does, then you want to close out the old lease.  That means inspecting the house to determine what to do with the security deposit.  That's because the existing deposit would be returned to "he and she".  One alternative is you inspect the place, determine the deductions (and make repairs), and return the remaining deposit in the form of a check made out to "he and she".  Up to them to sort it out.  And she gives you a new security deposit.

An alternative would be for you to get a letter signed by "he" stating he transfers ownership of the deposit fully to her.  Meaning that when she moves out you will make the deductions and then return what's left (if anything) to "she".  "She" might have to write a check for half the deposit to "he".

Account Closed · Answer

You cannot remove someone from the lease unless THEY themselves tell you to.  Nobody has the authority to remove another person from any legal contract unless it is given by the person who signed it.

The Security Deposit is never returned to anybody until the last person has moved out of the premises.  If that person moved out before the lease expired too bad so sad, they have to wait until everyone is gone, before they can receive their portion of the security deposit, or make arrangements with his roommates to pay him or her now.  But that Security Deposit is never returned until the last person occupying the home is gone!

Even if he or she calls you (the landlord) and asks you to be taken off the lease, you have the option to say no.  They signed a legal contract and are responsible for the entire term of the contract,  therefore you have the right to say, I will remove you from the lease once it expires.

Everyone who signed the lease is responsible for the term of the lease and damages and money owed.  Removing someone from the  lease is actually one less chance of you collecting your money.  They all are responsible.  They all moved in knowing the consequences.   This person is liable until the Contract (Lease Agreement) expires.

Nancy Neville

Lee Jackson · Answer

I am going through this same thing.   He moved out a few weeks ago, she wants him off... he wanted to stay on "then". Now he wants off the lease.   She still wants to stay, and continue.

So far, my plan is a combo of all your suggestions,

- He will be signing a release, will no be receiving his half of last months rent.

-She inherits any damage up to this point,

-Full inspection, - unsure if I will repair / charge now.... probably should!  I know there is some animal damage / stains...

Thanks for all the good info people!

Nicole A. · Answer

Just be firm and stand behind your decision.

You can just take him off the lease without getting something signed from him.

It sounds like she can't afford it on her own.

You can do whatever makes you comfortable and is legal.Again, have you received November rent, Jimmy S. ?

Jimmy S. · Answer

Yes she was on time.

She said he never helped with any of the bills and she always paid everything, even last place they had.  He did agree to sign off on the lease. Yes im thinking its very tight with just her income but if shes telling the truth about her paying everything it should work, but im in no hurry to remove him and if I do my attorney said to remove him at last resort and put a clause in that he is still financially responsible if she does not pay " kind of like co sign for her"

Jimmy S. · Answer

update

she still insists on having him removed because she would qualify for daycare assistant for her child. He only makes $1000 a month and she makes $2100 after taxes. Is it possible to remove him and just make him like a "co signer and still make him financially responsible if she falls behind. I am alittle worried that just her income will be tight, rent is $970.

Elizabeth Colegrove · Answer

I had the same issues. You can't remove him from the lease without his permission. Personally I didn't and wouldn't remove him. You can remove him at the lease renewal.

Nicole A. · Answer

Another question I'm not sure was already asked is if this remaining lady has paid the rent for November. It's the 4th now...he moved out weeks ago. Did you get rent?

Sam Leon · Answer

I would do exactly what @Jon Holdman suggested.

Have a talk with her, saying to remove him from the lease it would set off a chain of events that she may not like.

- she would have to qualify for the income requirement by herself.

- you would have to do a detailed inspection of the property to look for any damages at this point, unless she is willing to inherit any damages up till this point as "hers and hers alone".

- you would then make necessary repairs, then refund the balance to both of them, a check made out to two names jointly.  She would have to find him to endorse or split the fund.

- she would have to pay a brand new security deposit herself and sign a new lease.

I bet she would conclude this is too much hassle and let it be.

remove tenant from lease?

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