Tenants have separated and cannot agree on ANYTHING....Now what?

Question

We have a rental in Mi and rented to a couple who were not married. They are on the lease together and the boyfriend has moved out. The woman left says she cannot afford to stay alone supporting her children....there is only 2 months left on the lease which we are willing to allow them to walk away from just to be done with the situation but it is becoming extremely heated between the two of them. the woman is insisting she stay for the next two months paying her half and that's it's our responsibility to go after him for his half. Our lawyer is out of town for the next 2 weeks....what am I supposed to do with this mess? Also if we do reason with them and are able to get them to terminate the lease how do we redustribute the security deposit? (They are already arguing over who its entitled too) I'm just hoping to come to an agreement that doesn't end with an expensive eviction process or serious property damage...

Alexander Felice · Answer

If rent is late, evict them. Don't give special treatment because a relationship didn't work out, most don't. If both signed the lease, make the security deposit out to both of them. No bank will deposit it without both signatures, so it'll up to them to figure it out. Don't let their problems become your problems.

Laura Angus · Answer

thank you all for your responses. The eviction process will be much much more expensive on our end which is why we were offering the early termination. She said she's been speaking with a social worker to begin applying for section 8 housing which I'm not very familiar with. She's under the impression that the state will only help her with moving costs if she is evicted? I've made it clear that we cannot provide any legal advice on how to move forward I can only provide information on ways we can move forward in our current lease agreement. Truthfully these two have been the ideal tenants. Always on time. The property is clean and well kept. I never saw these problems coming from them...but that's just part of being in the business. My lawyer has put us in touch with someone who will hopefully be getting back to us soon. Thanks again everyone!

Ashley Hernandez · Answer

I completely agree with Alexander! Hold them both responsible. Your business has to run with or without their relationships or lack their of. Once they default on rent you could serve them for nonpayment then explain to them their can either just move out before that notice is complete or have an eviction on their record and not be able to rent elsewhere! I always try to reason with people. Stick to your guns! Good luck

Ray Harrell · Answer

They jointly and severally signed the lease (see if that language is in there). That means either one or both of them are responsible for the full amount of the lease. If one moves out, then the one who remains is responsible for the entire amount. If it goes to court, technically the one who moved out broke the lease and is also responsible.

Zachery Buffin · Answer

She is absolutely wrong. She may pay her half of the rent but that was not the agreement, the agreement she signed was for the full amount of rent and the fact of the matter is she is responsible for going after him for his half of the rent. I would already be getting the documentation together for eviction because she seems determined to have that happen. The security deposit can be used for the last months rent or be applied to the rent if you are willing to do that but it sounds like you are going to have all kinds of trouble on the back end with these people. Stay firm. You are in the right and some tenant's personal problems do not constitute a break/breech of contract. They signed a document, outside of some very specific situations (military deployments, imprisonment, etc.) their legal obligation is absolute. I am here to tell you I am very sorry this is happening but it is the game, your lawyer's office should have another attorney or at the very lease a referral for someone to go to when this is something that needs to be happening now not two weeks from now. If you have any more questions you can call or PM me and I will go into more detail but you really need to be talking to your own people and getting things going. Don't let this woman sob story you, don't let her dictate to you how this relationship is going to go, don't be passive. The worst thing you can ever do is lose the momentum because she is going to think she can get away with this and put the burden on you when she is the one who needs to redirect that energy into solving the problem of finding your money. She owes you, you have done everything you said you were going to do she is the one who is not keeping up her end of the contract.

Dustin Allen · Answer

Doesn't your lease hold both parties responsible, jointly and severally? Would you lose more in eviction costs or giving up the 1 months rent?