Tenants had altercation with each one is now moving out

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Tenants had altercation with each one is now moving out

Harrison Chow
Real Estate Agent · Columbus, OH · Member since 2019 · 292 posts · 364 votes

Hi Guys, 

So two of my tenants who are roommates had a fight and the police was involved too... So one of them is moving out now... What am I supposed to do with this situation? all them of the signed the lease and now one one is leaving. I imagine this is a breach of contract if she does move out. So what are my options? How could she pay for her portion of penalty? 

Any help would be greatly appreciated! I'm from Ohio by the way

- Harrison

Below is the text she sent me today: 

"Hey Harrison, I’m not sure if you know what happened at the house yesterday, but an argument lead to a physical altercation and the police were involved. The fight was between Nisha and I.

With police assistance, we were able to agree that I will be moving out. I am no longer living there as of yesterday, and plan to have my belongings moved out by the end of February.

The police suggested to discuss with you what my options are to have my name taken off the lease. The police mentioned that Nisha’s mother may be contacting you to discuss what assistance she may provide to have the lease between Nisha and Katie only."

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Anthony Wick
Rental Property Investor · Ankeny, IA · Member since 2017 · 2k+ posts · 3k+ votes
6y

@Harrison Chow

I wouldn’t let anybody off the lease. Moving out doesn’t violate lease. Not paying rent does. Of course, the police being there could be cause for you to terminate the lease and evict everybody, with all tenants being responsible for full rent until a new tenant can be located. That’s the route I’d go. Everybody out!

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  • Will Fraser
    Real Estate Broker · Salt Lake City & Oklahoma City · Member since 2018 · 3k+ posts · 2k+ votes
    6y

    Hi @Harrison Chow, this sounds pretty workable with the following setup:  have the moved-out tenant pay out her share of the remainder of the lease OR offer her a "buy-out" amount and bank on Nisha's mom paying the 3rd share of the lease.  Otherwise, if your lease doesn't break down the portion of the rent that each is responsible for you could simply modify the lease to be between You (landlord) and Nisha and Katie (tenants) and leave it to them to figure out where the money comes from.

    2Reply
  • Anthony Wick
    Rental Property Investor · Ankeny, IA · Member since 2017 · 2k+ posts · 3k+ votes
    6y

    @Harrison Chow

    I wouldn’t let anybody off the lease. Moving out doesn’t violate lease. Not paying rent does. Of course, the police being there could be cause for you to terminate the lease and evict everybody, with all tenants being responsible for full rent until a new tenant can be located. That’s the route I’d go. Everybody out!

    5Reply
  • Michael Peters
    Member since 2019 · 215 posts · 122 votes
    6y

    I would continue to hold both tenants responsible until arrangements can be made.  If you wanted to make the situation with the Mother work I would recommend a sublease agreement.  If she assumes the liability of the tenant who is leaving then you should be in the clear.  Just make sure you qualify the Mom just like you would any other tenant.

    1Reply
  • Gray Hall
    Real Estate Broker · Denver, CO · Member since 2017 · 54 posts · 30 votes
    6y

    @Harrison Chow

    Is the remaining tenant agreeable to pay the full rent? If so, I would re-verify that her income meets your requirements (ours is 3/1). 

    If she isn't agreeable or is unable, discuss a plan for her to move out by the end of the month. You don't want a tenant who can't afford the rent in the unit. 

    The only way I would remove one tenant off the lease is if the remaining tenant is willing and able to pay rent in full each month. I'd also advise putting the burden of dealing with security deposit on the tenants. They can decide if they pay each other out. 

    The other thought is that different states have different laws in terms of when it is allowed for a tenant to terminate a lease with a domestic violence situation. I'd recommend you contact an attorney to verify all of this.

    2Reply
  • Matthew Paul
    Severna Park, MD · Member since 2013 · 7k+ posts · 7k+ votes
    6y

    Everything should be addressed in your lease . follow it to the letter .   

    2Reply
  • Mike McCarthy
    Investor · Philadelphia, PA · Member since 2016 · 2k+ posts · 1k+ votes
    6y

    It sound like these may be students. I treat students a bit differently since they have a knack of finding friends/roommates really easily.

    If the one staying can find a new roommate, they have to pass the same credit/background check as everyone else. Then you’ll rewrite the lease for the new roommates and take the old roommate off. I’d also include disposition of the security deposit too.

    Basically let them sort it out. It sounds like they will, but help point them in the right direction.

    (And if I’ve misread this and these are middle-aged renters... ignore the above advice!)

    2Reply
  • Remington LymanBusiness Member
    Real Estate Agent · Columbus, OH · Member since 2017 · 6k+ posts · 7k+ votes
    6y

    @Harrison Chow My leases state that each person is responsible for the total amount. I regularly have had situations where one person moves out in my campus rentals of 4+ people. I always give them the option of finding someone to sublease. They appreciate it and it gives them an option. I would still do a background and credit check on the subleaser though.

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    1Reply
  • Harrison Chow
    OP
    Real Estate Agent · Columbus, OH · Member since 2019 · 292 posts · 364 votes
    6y

    Thanks guys for all your inputs!! This is definitely helpful!! 

    1Reply
  • Michael Robbins
    Property Manager · Henderson, NV · Member since 2018 · 501 posts · 317 votes
    6y

    The lease will have to be followed.  Hopefully you have a roommate release clause in your lease agreement.  I would not let them out of the lease.  They have to decide who is going to stay and who is going to go.  Don't let them put you in the middle.  Your concern or area of involvement is the lease.  All the rest, the fight, arguments, etc..are a police matter.

      The roommate that does remain will have to re-qualify (basically reapply) on their own.  If the roommate cannot qualify on their own then they need to find a new roommate and everyone must apply.  If none of that works out then the lease stands.  I have dealt with similar circumstances and that is how proceeded.  There have been exceptions when it comes to domestic abuse.  I am not an attorney, and maybe you should consult one, but that is my opinion.  

    1Reply
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