Removing a Lessee from a Lease

[Roger Laughary]

Hi all,

I'm struggling with an odd situation and hoped to get some good input from someone who knows the law better than I do. I started a lease on a couple last year (2 year lease) and they have since broke up. The guy has vacated and she has stayed there with her kids and is a very good tenant. He has allegedly been harassing her and threatening to move back in because he is on the lease. I truly believe he is just trying to make her life hard because she rejected him. She actually filed a PFA at one point, but for some reason it didn't stick. She says she's moving if he comes back and I would prefer her to live there, as she has been very reliable. She pays well and takes great care of the house. She's also offering to sign a longer term lease if I remove him.

1. Can I remove him and rewrite a lease without his written consent if I chose to?

2. I have been told by some never to remove a lessee no matter what. Is this an exception due to her being threatened?

3. Could this backfire on me if he chose to try and reclaim his right to the property during the original lease?

[Jesse T.]

Is she able to pay the rent on her own over the long term?

Would she be able to replace his portion of the security deposit?  Maybe he would be willing to be released from the lease in return for a portion of the security deposit.  The remaining tenant should replace this amount - it wouldn't necessarily have to be half of the deposit.  If he caused any damage that should be repaired and deducted at this point.

If you go this route, I would have a pre-signed(you and the remaining tenant) agreement for him to sign.

Do you have an email address or Facebook account you can contact?