Tenants gone bad - couple broke up

[Tim V.]

Sorry for the long post...

My renters just re-signed their 3rd lease with me at the beginning of March. 

March 15 the man left. When I contacted him about moving and paying rent he told me that he would not help, giving me a lot of excuses, but essentially told me to take him to court. Hes already moved into an apartment.

I contacted her and she says that she wants to stay but feels that she does not need to pay full rent because he left. She's basically trying to get me to squeeze him for money, which I told her I do not have the authority to do, and that since he has moved out the full responsibility of the rental payment is on her since she is on the lease. 

She also will not let him out of the lease either and will not move even though I offered to terminate the lease and give their security deposit back.

Today she is officially late and has been unresponsive to calls and texts since I spoke with her on March 16. Being in Travis county (Austin, TX) I think she is using the fact that they have halted evictions as a reason to not pay rent for a couple months and will then move. 

 My question is what would you guys do if you were in this situation. 

Im thinking I will start with a pay or quit letter on Monday, but with evictions halted in Texas this may not worry her at all.

[David Whittington]

I would find out how much she is willing to pay for the rent. Something is better than nothing.  From what you described, she probably only feels she is responsible for half of the rent since her other half moved out.  I would accept half of the rent for now since you cannot evict in TX right now.  I would also inform her that you expect the full rent to be paid and that is something they need to work out. Inform the tenant that if the rent is not paid in full or if a way to get caught up on the rent is not negotiated, then it leaves you no choice but to sue for lost rent. I would caution that even though you have a settlement against a tenant that it does not guarantee you will ever get paid (I have an unpaid settlement on a property from 2012 that has never been paid from the same type of situation. I took my losses and moved on).  I would also provide this in writing through certified mail so you know she received it.