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Updated over 8 years ago on . Most recent reply

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38
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11
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Paul Hormann
  • Investor
  • Falls Church, VA
11
Votes |
38
Posts

Two tenants - can one terminate the lease for both?

Paul Hormann
  • Investor
  • Falls Church, VA
Posted

I have a rental with a couple on a month-to-month lease.  The couple broke up and the woman moved out and now she wants to terminate the lease, but the guy wants to stay. Can one tenant terminate the lease for both tenants?  And would I have to return the security deposit and get a new one from the remaining tenant?  The tenant who wants to remain may not qualify on his own...

  • Paul Hormann
  • Most Popular Reply

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    822
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    Jeff Bridges
    • Investor
    • Hyattsville, MD
    440
    Votes |
    822
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    Jeff Bridges
    • Investor
    • Hyattsville, MD
    Replied

    If one person wants to stay, the lease stays in effect until you sign the existing tenant under a new lease in which he is solely responsible for the rent. If existing tenant wants to stay, they are to settle the debt they have between each other. they need to reimburse the other party for their portion of the deposit. Tell them your not getting involved in how they settle it. Only return a security deposit if they are both out and possession is returned and you've accounted for damages before returning any deposit.

    You mention that the tenant that wants to stay might not qualify on his own. Do not agree to take the other tenant off the lease if that is true. Explain to him that they only qualify for the lease if they are jointly responsible for the lease, otherwise he will need to seek alternative housing. Otherwise the other party of the couple will remain responsible for the rent jointly as the existing lease is still valid. That is protection for you so that if he is jobless and has no ability to pay, you can go after both of them. You don't want to write up a new lease for a deadbeat with no ability to pay and expect things to go well.

    I'd have a frank conv. with the existing tenant and identify what his real ability to pay the rent based on current income and prior credit history and state that its only a matter of time before he won't be able to pay. Encourage him to move out if things dont look realistic for him so that things can end on a good note instead of you having to evict. Make sure to share that you don't want to mess up his credit and put an eviction on his record so he knows you are working with him.

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