Lease Ideas for Partial Tenant Vacancy

Lease Ideas for Partial Tenant Vacancy

Greg JeanfreauPro Member
Real Estate Agent · New Orleans, LA · Member since 2015 · 146 posts · 127 votes

We are in a situation where two tenants (1 male and 1 female - friends but, not a couple) leased half of a double a few months ago. We put them both on the lease. About a month and a half ago, I received a call from the female tenant that the male was drinking a lot and acting erratic. She said that he was punching furniture and and playing loud music and generally being a disturbance. Long story short, they are both on the lease and she moved out this weekend. Luckily, we charged a double deposit because she had no credit as in 0. Nothing. Not bad, but nothing at all. She paid all of the $2400 deposit herself and felt the need to leave so bad that she has left with the knowledge that she may lose the full $2400. So, now the guy has said that he will keep the place and pay all the bills while he searches for a new place. The tenants that share a wall have now complained that he is playing loud music and causing a disturbance at night - every night. I know what my options are moving forward and thank God Louisiana and New Orleans are relatively landlord friendly. Soooo, my question is: What are some ideas for verbiage that should I put in the lease covering ourselves when one of two (or a group) of tenants moves out? As of now, we are in limbo because they are both on the lease, she is gone even though she is he one who paid the deposit, he is likely going to be trouble and has no reason not to destroy the place on his way out. Some have said to just put one tenant on the lease, but I don't think that is the best solution. Our idea so far is a sort of poison pill clause that "if one tenant moves out, landlord reserves the right to cancel or renegotiate the lease" or something along those lines. I may have answered my own question but... Thoughts? Thanks in advance BP community!

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  • Investor · Chicago, IL · Member since 2016 · 1k+ posts · 930 votes
    7y

    "jointly and severally liable". That means they are both liable and each liable for the full amount and terms of the lease. You're not in limbo, she signed a lease and is bound to it (except she didn't get quiet enjoyment of the property and you haven't moved to evict him for causing disturbances), so she may have a right to move out.

  • Investor · Lafayette/Baton Rouge, LA · Member since 2013 · 1k+ posts · 915 votes
    7y

    You need an attorney, not BP for this one.

  • Member since 2016 · 13k+ posts · 12k+ votes
    7y

    You still have two tenants regardless of who is living there. Send them notice of their responsibilities and a notice to him regarding the noise. Make it clear he is disturbing other tenants and he needs to stop or you will be forced to evict. If he is leaving on his own get it in writing with a date. Start the eviction if ne does not comply on the noise notice to protect yourself and hold him to his move out date. Assuming he goes when agreed with no damage you withdraw the eviction. For you to hide or to be nice does not accomplish as much as leverage.

    Jointly and severally liable is all the protection you need. The shared tenancy issue is their problem not the landlords. Holding tennats to a lease is your only responsibility.

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