How to remove one of the tenant from the lease

[Vicheka Chres]

Hi BP, I currently have five tenants on the lease that expIre In September. One of them gave 30 days notice to be remove from the lease. Please help provIde some suggestIons how to handle It. thanks so much!!

[Nathan Gesner]

This is almost inevitable in roommate situations. You should prepare for it by making it worth your time and ensuring it's properly documented.

I have a one-page addendum to add or remove a tenant and I charge a $50 fee for my time (it takes 15 minutes but I'm running a business, not a charity).

If I have multiple tenants and Tenant A wants to move out, I have them fill out the addendum and pay the fee. The addendum says:

1. Tenant A is moving out no later than (enter date). Once he is out, he will turn in his key and gives up all rights and responsibilities to the property and the lease.

2. We do not refund any portion of the deposit until the entire lease is terminated and all tenants are out. Therefore, if Tenant A is owed a portion of the deposit, he must collect that from the remaining tenants.

3. The remaining tenants understand they are taking full responsibility for the terms of the lease and the condition of the home. When they move out in six months, they can't blame the stained carpet on the tenant that left. If Tenant A is responsible for any repairs, they should require Tenant A to pay for that repair prior to departure.

That's a paraphrase but you get the idea. Search Google for "Early Termination Addendum" and I'm sure you'll turn up plenty of samples to build yours off of.

HINT: Any time tenants are doing something that requires you to deviate from the lease, you should charge for it and you should put it in writing.