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Updated over 5 years ago on . Most recent reply
Question on tenant being removed from multi tenant lease
I have a rental with 3 tenants in the military about 3 months into a 12 month lease. One is being deployed and asked to be removed from the lease for the deployment, which I know is valid reason to be let out of a lease.
My question is around the validity or the lease with the other 2 tenants if I remove the deploying service member from the lease.
I don’t want to maintain a lease with just the two of them as the credit of the departing party was the strongest. But if that tenant is adamant about being removed from the lease, what are my options for the remaining 2? They have a replacement they’d like to submit as a tenant, which I’m willing to consider, however, if that tenant does not have strong enough credit and financial standing, do I have grounds to void the lease to all three and request they move out?
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I think the question only comes up if the new roommate they are interested in doesn't meet your standards.
If that's the case, I'd have a discussion with the remaining tenants. Making it clear that they are responsible for the full rent, whether there is a 3rd roommate or not, and the 3rd tenant will need to meet your XYZ requirements. If they can't or have concerns about paying a higher portion of the rent, I'd give them the option to end the lease and move out...no harm, no foul...when the deployed person moves out.
I understand why it isn't an optimal situation. But, at the same time, they're already living there. So why borrow trouble if they want to stay. If they keep paying the rent on time, great. If they don't, post a Pay or Quit promptly and follow your jurisdiction's eviction procedures if they don't comply with it. Even in that "worst" case scenario, you'll be in about the same place you are right now anyway with thinking about terminating the lease. Might as well give them a chance to continue paying the rent in a timely manner.