What should I do? Girlfriend boyfriend tenants broke up

Question

The girl decided to move out and the boy decided to stay on the lease. What should I do paperwork wise? Do I sign and termination agreement with the girl? Do I need to sign a new lease with the boy? Please let me know what you would do if you are in my shoes. Thanks!

Al D. · Answer

I am presuming that this is a long-term lease, rather than a month-to-month agreement. And there is still time (months) left in the Term. I would do nothing - assuming that both the girlfriend and boyfriend signed the lease. That way, they are both still responsible (to you) for all the provisions of the lease. Whatever agreement - if any - they had with each other is not of any concern to you. If the party that stayed can’t afford the rent on their own, you can still go after both. They may break up; they may get back together. Whatever... It’s called life. You have your own responsibilities that should have nothing to do with their whims. And that is why God invented contracts - after the concept of “Personal Responsibility” did not stick with the human kind. No reason for you to change anything because something happened on the other end. In other words: all terms stay the same. If you decide to do anything, it should be out of pure goodwill.

Marcia Maynard · Answer

Mine is a different perspective. In the best interest of everyone involved, I would change the lease agreement to reflect the change in household makeup and responsibilities. Here is why. As long as the girlfriend remains on the lease, she will have full rights and responsibilities of tenancy. She no longer wants either. The boyfriend would like to assume full responsibility for fulfilling the terms of the rental agreement and if he has the means to do so, why not let him? Binding him by allowing the girlfriend to retain full rights of tenancy will make his situation uncomfortable and also create risk, as the girlfriend would still have the right to enter at any time. As the landlord, if the boyfriend qualifies to rent the unit on his own, and I retain a sufficient security deposit, my interests are covered. I would reduce the drama and let the girlfriend out of the lease agreement.A lease agreement can be amended upon agreement all parties involved. The make up of households do change from time to time. When faced with this type of situation, we either amend the current agreement or terminate it and enter into a new agreement. The security deposit stays with the unit and the tenants need to sort out their split of that. It's reasonable to charge a lease change fee for the extra work involved when amending a lease. We charge a flat $20 for this.

Tom Parris · Answer

Hi @Chang Pan,I'm not an attorney, but this is how I'd go about it. If the person who's staying in the property can afford to pay the rent, you have no problems besides amending the lease where all parties sign and agree to remove the individual who has moved out from the lease and all responsibilities detailed in the lease. Good luck!

Joe Splitrock · Answer

@Chang Pan it is a losing battle to fight people to stay in a lease or property they don't want to live in. It is always better to sit down and come to a agreement that works for everyone. In this case, my first question is whether the boyfriend has enough income to pay the bills by himself. If he does, then I would write a new lease with him that is either month-to-month or super short term like 3 months. That way if there is any problems with him, it is easier to get him out. Write up a transfer agreement on the security deposit, which basically says you will return the remaining portion to HIM in the future. If she feels that she is due money, then he needs to pay her, not you. If they don't agree to your terms, then you are better to ask them both to leave, charging them some type of early termination. I wouldn't take any crap from them. Remind them that they signed a legal contract and their personal problems are not your responsibility. They need to work through this as adults. At the end of the day, it is a waste of time trying to force people to live in your property. It is always better to get in a tenant that wants to be there.

Andrew B. · Answer

you should only agree to remove the girlfriend if the boyfriend qualifies on his own. If he does not, you politely inform them that the lease can only be ended when both tenants vacate the property. it is then up to you if/how much you would like to charge them for breaking the lease early.

Bob B. · Answer

I'm assuming your lease didn't say that every tenant must reside at the property. I'd get her forwarding address from the x-bf for when or if you need to sue her. I might even send her a certified letter advising her that she's still obligated for the rent. Keep it simple. If he qualified on his own originally, I'd find something else to worry about.

Jeff Lamothe · Answer

Thanks for sharing this situation @Chang Pan. I am researching similar boyfriend/girlfriend tenant issues, and this scenario is very similar to an issue I have.

Cheryl Butler · Answer

If they want to renegotiate the lease, which is what they are doing, then why not use it to your advantage and ask for more term? We all know how expensive turnover is, so if you can lock in one of the existing tenants for some more term you will also benefit from changing the existing lease. Win/win.

Mike S. · Answer

Politely tell them you're not in the counselling business and that their personal issues have nothing to do with the contract signed with you. If you're determined to let her out, then you may want to use a move-out addendum (mine is called move out/move in and I use it both ways). There are several you can find online, but the key thing it needs to say is that the SD remains with the unit and GF and BF settle who owes what between themselves. GF and BF, of course, need to sign and by moving out she will not have claim to it. Also, if she doesn't sign or you want to hold her to her to the lease, when he finally moves out SD return needs to be in both their names. Again, it's not your problem they split.

Corby Goade · Answer

Why would you let the girl off of the hook? Did you have a discussion with them about it before she moved out? Did you come up with an agreement that was mutually beneficial? These situations are exactly why you have a lease in place- it protects you, make sure you use the lease accordingly.