Tenants Broke up. What to do?

[Scott Goulet]

Hi BP, 

This is a situation that has just come up in one of my rental units. The tenants broke up and I am not sure if legally I need to redo the lease to just the tenant left or can i just leave the lease alone? The lease is still good for another 6 months. The tenant still in the unit can afford the rent so that is not an issue. 

Any comments would be greatly appreciated. 

[Nathan Gesner]

1. Your lease should include a "jointly and severally liable" clause that says all tenants are 100% responsible for the terms of the lease. Tenants have this idea they can walk away and leave the remaining tenant responsible for everything but that's not what the law says.

2. I recommend you create a policy and form to add/remove a tenant. When I remove a tenant, all tenants have to read and sign the agreement saying:

- The departing tenant gives up all rights and responsibilities

- The security deposit remains in place. If Tenant A leaves and wants half the deposit back, he needs to get it from Tenant B. The deposit with me does not move until all tenants are out and the lease is terminated.

- The remaining tenant relieves the departing tenant of any responsibility. If the remaining tenant moves out six months later and I find holes in the walls or a stained carpet, the remaining tenant can't try to blame the tenant that left.

3. Consider charging any time you add or remove a tenant. This is more important for a larger Landlord or Property Manager. It takes my time to explain the add/remove tenant process, answer questions, fill out and sign the form with all parties, change the lease, etc. If tenants want to change the contract, they're going to pay me for the trouble.