Skip to content
×
PRO
Pro Members Get Full Access!
Get off the sidelines and take action in real estate investing with BiggerPockets Pro. Our comprehensive suite of tools and resources minimize mistakes, support informed decisions, and propel you to success.
Advanced networking features
Market and Deal Finder tools
Property analysis calculators
Landlord Command Center
$0
TODAY
$69.00/month when billed monthly.
$32.50/month when billed annually.
7 day free trial. Cancel anytime
Already a Pro Member? Sign in here

Join Over 3 Million Real Estate Investors

Create a free BiggerPockets account to comment, participate, and connect with over 3 million real estate investors.
Use your real name
By signing up, you indicate that you agree to the BiggerPockets Terms & Conditions.
The community here is like my own little personal real estate army that I can depend upon to help me through ANY problems I come across.
General Landlording & Rental Properties
All Forum Categories
Followed Discussions
Followed Categories
Followed People
Followed Locations
Market News & Data
General Info
Real Estate Strategies
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
Real Estate Classifieds
Reviews & Feedback

Updated over 6 years ago,

User Stats

28
Posts
2
Votes
Mike C.
  • Williamsburg, VA
2
Votes |
28
Posts

Joint Tenant Leaving Under Military Clause, Other Tenant Remains

Mike C.
  • Williamsburg, VA
Posted

I don’t want to make a mistake by assuming the wrong things in this case and so am requesting advice.

Single family house in VA. Four adult joint tenants. Each individual signed a separate copy of one-year lease that goes month-to-month in mid-September, 2018. Rent is due first of month. One couple living upstairs (military, MIL), one couple (not military) w/dog living downstairs--they worked that out among themselves after renting house.

MIL couple upstairs have now given notice they are terminating their lease under military clause. He has PCS orders and they are moving out at end of July.

Couple downstairs with dog is non-committal about their plans, have given no notice, but MIL guy has suggested they are looking for a place and may move before or by end of one-year lease in mid-September.

MIL guy has explained that he and his wife live upstairs and maintain that and the front yard, and the other couple with the dog live downstairs and maintain that and the back yard. MIL guy has requested that we do a separate walkthrough for them in “their areas” at the end of July, possibly implying he wishes to isolate himself from any liability caused by the other couple.

QUESTIONS:

Once the MIL couple terminates their lease via the military clause, does the lease still apply as before to the remaining two tenants who each signed separate copies?

Should we do a walkthrough inspection of the property to establish the condition just after the MIL couple moves out?

Considering possible interior and exterior damage from the large dog of the remaining tenants, and other damage that may not become evident until prepping house for next tenant, how can we handle the refund of security deposit to MIL couple, since, per the text of the lease: “All Lessees are jointly, severally and individually bound by, and liable under, the terms and conditions of this Lease.”?

What should we watch out for?

In general, how should we proceed?

We’ll be grateful for any advice or observations.