CT Inherited Tenants Question

[Andrew B.]

Hi BP,

I hope you're all having a great new year!  My questions are regarding inherited tenants in a property I recently purchased.  The unit is under a joint lease between 3 people.  2 of the 3 people indicated January 1st they'll be moving out (without the proper 30 day written notice required in the lease).  The 3rd person indicated they would like to stay.  My questions are:

1) Is a new background check/lease appropriate for the 3rd tenant to determine if they can afford the unit on their own?

2) I assume the security deposit remains since all 3 tenants have not vacated the unit and any claim the other tenants have to the security deposit would have to be handled by the 3 of them on the civil side unless that happens?

3) Would a walk-through of the unit be appropriate to attempt to confirm the 2 of the 3 parties have moved out and to assess any potential damage to the unit?

Any input would be greatly appreciated!

[Jon K.]

1) Question for you, when you acquired the property did you get any documentation/bank statements from the former landlord showing whether or not they had paid their on time during their tenancy? Between that and the current condition of the property you have most of what you need to determine what kind of tenants they will be so I probably wouldn't worry about a background check.

Does the third tenant that intends to stay going to try to find new roommates or do they intend to live alone? If alone I don't think it's unreasonable to ask for a pay stub and/or bank statement for peace of mind. If they're going to find new roommates then absolutely screen them.

Tenants 1 & 2 are ending their occupancy. You need a new lease. You also need to do a move-out inspection the day their tenancy ends to look for damages.

2) I don't know local CT security deposit laws so if I'm wrong on this someone correct me but essentially a tenancy is ending and a new one is beginning. As I said in #1, you're doing a move-out inspection the day tenants 1 & 2 leave. If there are no damages, you owe the 3 of them their full security deposit back. Then it is up to tenant #3 who is staying to provide a new deposit that same day as the are beginning a new lease/tenancy that day.

That being said, you're all adults. If the three of them work it out among themselves where #3 just pays 1/3 of the deposit directly to #1 and #2 and you never actually return money the end result is the same. Just make sure it's documented and signed by all parties.

#3) Yes, absolutely. The day their tenancy ends.