One roommate moving out. The other is staying.

[Rami W.]

Hello all! First post here on BP. Great site! This is my first rental property and first tenant 30-day notice!

I have a 2/1 rented out and one of the roommates has given me 30-day notice. Just want to make sure i'm not forgetting anything. I am in CA.

Things to do:
-Reply to exiting tenant with pro-rated rent due and schedule time for key return/final rent collection.

-Give staying tenant rental applications to hand out for her new potential roommates?

-Anything else I am clearly forgetting?

Question: Do I have to immediately have my existing tenant sign a new lease until she finds a new roommate? Or should I wait for her to find a new roommate and have them both sign a new lease?

Thanks!

[Jon Holdman]

OK, so at the end of the month with the one tenant moves out, that lease (even though its month to month) ends. I would do a formal moveout. Decide what needs fixing or cleaning, deduct it from their deposit and give a check for the remaining deposit to the two of them. Both names on the deposit. With my lease, that would be 30 days after they "move out".

Now, the remaining tenants signs a new lease by them self. They provide a new security deposit. They are responsible for the entire amount.

The tenant who's staying is probably going to grouse about a couple of things. One is the rent. If they're used to paying only half and now have to pay it all, they may have a problem. That's certainly not your problem, unless you're renting individual rooms or some such. The other complaint is going to be the security deposit. They're going to want you to give the tenant who's leaving half the deposit. Problem is there would almost certainly be deductions if they both actually moved out and you did a make ready for the next tenant. Eventually, those are going to have to get paid. If you give the tenant who's leaving half the deposit, she's probably getting more money than she's entitled to.

OTOH, since one is staying, you're probably not going to do much, if any repairs. I'd suggest that you offer the deal I describe above and then let them work it out between themselves if they don't want to do that. Specifically, the one who's staying could pay the one who's leaving half the deposit, or a lesser amount if they agree.

When she gets a new roommate (that you approve), they again work out the deposit between themselves.

If either pair agrees they only have to pay part of the rent for some of the time, that's also between the two of them. As far as you're concerned, you want the entire amount every month.