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Updated about 4 years ago on . Most recent reply

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Joyce Williams
  • Rental Property Investor
  • New York
54
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Lease expires. 1/2 tenant leaves, 1/2 refuses to leave.

Joyce Williams
  • Rental Property Investor
  • New York
Posted

If a lease expires and there is a husband and wife on the lease and the husband leaves but the wife refuses to leave, are they both still responsible for the rent even though the husband no longer lives there?

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Nathan Gesner
  • Real Estate Broker
  • Cody, WY
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Nathan Gesner
  • Real Estate Broker
  • Cody, WY
ModeratorReplied

I'm assuming you allowed them to stay, in which case they converted to a month-to-month lease?

Most leases have a "joint and several liability" clause. It essentially says everyone named on the lease is 100% responsible for the terms of the lease. As long as his name is on there, he's responsible.

On the other hand, the wife can't pay 50% of the rent and call it good. She is 100% responsible, just like the husband is 100% responsible. If the rent is not paid, they all face eviction. If the wife trashes the place, the husband is liable.

  • Nathan Gesner
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