Tenant has retraining order on another tenant within as lease

[Amy Xu]

Hello I have 2 tenants that were boyfriend and girlfriend. They broke up and the girlfriend moved out and wants to be off the lease. The boyfriend is staying and has stayed he is not going to pay the entire rent amount. He expects the ex-girlfriend to continue paying through the end of the lease. 

The girlfriend said she has a retraining order on her boyfriend. Can I legally continue charging her rent even with a retraining order or do I have to take her off the lease? 

TIA!

[Amy Xu]

Restraining* 

yikes wrote this post in a rush 🤦🏻‍♀️

[Emily Hill]

I’m not an attorney so please don’t take this as legal advice...

It depends on the state. BUT I would think that both are on the hook for the lease regardless of the restraining order? They both signed the contract.

BUT I’ve also heard that if someone is a victim of domestic violence, then there are ways to break the lease.

I’d consult with a local real estate attorney. There are plenty on here :)

Hope everything works out and good luck!

[Amy Xu]

@Emily Hill thank you for taking the time to reply! I am not sure if it’s related to domestic abuse. I will need to check into this. 

[Mindy Jensen]

@Amy Xu, I believe victims of domestic abuse are allowed to break their lease. If she is a victim, you don't want him in the unit, either. 

If she does have a domestic case against him, I would:

1. Tell him the amount of rent is $X, due on the first of the month. I file a pay or quit as soon as my state's laws allow, and will evict you for non-payment of rent if you do not pay in full.

2. You can leave the unit at the end of this month and I will return your deposit in full if you leave the property in the same condition as you rented it. 

Your safety is NOT worth the small amount of deposit you'd get to keep for any damages.

Now my recommendation changes if she is not the victim of domestic violence. They both signed the lease, they're both liable for it for the entire term, living there or not. Whether you're able to collect is a different matter...

[Theresa Harris]

If she has a restraining order, then she is not going to live at the house.  Many places have rules about domestic abuse and leases.  Tell them they either pay the rent in full or you are breaking the lease.  He can't force her to pay it.  If they don't pay, then evictions start and that is not something they want on their record.

[Amy Xu]

@Mindy Jensen @Theresa Harris so turns out she doesn’t have a restraining order she was just making it up to get out of the lease. I have informed the tenants they both are still on the lease and need to pay regardless if they’re living there or not. The boyfriend says he will sue the girlfriend if she doesn’t pay so come the 1st I’m not sure what rent amount will come in.

[Theresa Harris]

Originally posted by @Amy Xu:

@Mindy Jensen @Theresa Harris so turns out she doesn’t have a restraining order she was just making it up to get out of the lease. I have informed the tenants they both are still on the lease and need to pay regardless if they’re living there or not. The boyfriend says he will sue the girlfriend if she doesn’t pay so come the 1st I’m not sure what rent amount will come in.

Sadly I am not surprised.  Glad you got the truth. 

[Marian Smith]

@Amy Xu How does your lease read? If you do not get the full rent by the 2nd or 5th or whenever you can start eviction proceedings. Late notice, then pay or quit demand or however your state does it. Let the tenants fIgure out how the breakup Is best handled...not your problem If you don‘t make It your problem.

[Nathan Gesner]

@Amy Xu

Your lease should include a "joint and several" clause that essentially means each person is 100% liable for the terms. The boyfriend can't pay half the rent and assume he's safe. Either you receive the full amount by the due date or you start the eviction process.

Personally, descent with kind of tenants you want to get rid of. I would consider negotiating an early departure with some form of penalty like a forfeiture of their deposit. They go their separate ways, you get the property back, and you can probably rent it again before incurring any loss.

[Amy Xu]

Originally posted by @Marian Smith:

@Amy Xu How does your lease read? If you do not get the full rent by the 2nd or 5th or whenever you can start eviction proceedings. Late notice, then pay or quit demand or however your state does it. Let the tenants fIgure out how the breakup Is best handled...not your problem If you don‘t make It your problem.

 My lease says tenants have until the 5th to pay