Inherited Tenant Drama

[Sam Marriott]

Here is a fun one for the new year...We just bought a duplex and inherited 4 tenants in one 2 bedroom unit.  They are 2 couples.  On the 28th one couple said that they were assaulted by the other and are moving out and will not be paying rent.  They have said they would provide medical/ police documentation, but have not yet.  

We immediately posted a lease termination notice and since they are on a month to month the lease will terminate at the end of February.  The other couple has informed us they will only be paying half of the rent for January.

Should we push hard to get the other half of rent or just take what we can get and get them out?  Can we take the other half of rent out of the security deposit? Who should the security deposit go to?  

Thanks for your help. Happy New year!

[Nicole A.]

They are making their problem your problem. Tenants do not have fights and then inform their landlord they're only paying half of the rent. That's not how this works. They do not call the shots.

If this were my situation, I would kindly and professionally remind them that the entire rent is due regardless of personal situations. If all of their names are on the lease, they are all responsible whether or not they moved out. If only one name is on the lease, that is the person who you will file eviction against (and all other occupants).

You inform them right back that full rent is due or the eviction process will unfortunately have to be filed. They can move out if they're just month-to-month, but that still doesn't change the fact they owe for the final month's rent.

And no, final month's rent is not supposed to be from the security deposit. Do not let the tenants think they can do that.

If after all lost rent is paid and any damages paid, there is a remainder of the security deposit, you send it in the form of a check to any/all names listed on the lease. It is up to them on how to divide it. Again, that part isn't your problem.